1946 Present: Cannon J.

ABDUL HAMEED Appellant, and KALMUNAI POLICE,
Respondent.

310-M. C. Kalmunai, 164.

Surety for appellant--Forfeiture of bond-Powers of Court-Criminal Procedure Code, as. 341, 411.

A surety bound himself on behalf of an appellant ?that he (the appellant) shall attend at the Magistrate?s Court after the proceedings in the case shall have been returned to the said Magistrate?s Court from the Supreme Court on appeal and there surrender himself . . . . and abide sentence which shall have been pronounced against him . . . ?

The appeal was duly heard and dismissed, and the accused attended the Magistrate?s Court on April 23, 1945, when the Supreme Court decision was communicated to him. He was subsequently given time to pay the fine which was due from him. Thereafter the accused did not appear, and the Magistrate ordered the surety?s bond to be forfeited.

Held, that the terms of the surety?s bond were fulfilled when the accused appeared on April 23, 1945, and that the surety?s liability came to an end on that date.

Held, further, that section 341 of the Criminal Procedure Code does not. enable a bond to be taken if