Present : Bertram C.J.    1920.

ELIYATAMBY v. MOHOMODO.

825-P.C. Colombo, 88 F.

Fugitive offender-Power to release him on bail.

A Magistrate may in an appropriate case release the fugitive offender on bail, and allow him to appear in the ordinary course in the Court to which his return is sought.

THE facts appear from the judgment.

A. St. V. Jayawardene (with him Tisseverasinghe), for accused, appellant.-The application for the return of the appellant is not made in good faith in the interests of justice. The appellant on a previous occasion applied to the Magistrate to make this appear to him by cross-examining the complainant who gave evidence, but the Magistrate disallowed this application. The Supreme Court set aside this order, and permitted the appellant to make it appear to the Magistrate that " the application for his return was not made in good faith in, the interests of justice." The complainant failed to appear to be cross-examined, though every endeavour was made to secure his attendance. The Magistrate has in his order under appeal expressed his opinion that the complainant was not acting with proper frankness. In the