1959   Present   :    Gratiaen J.

In re ATHURUPANE

S. C. 457-In revision M. C. Panadure, 8,977

Criminal Procedure Code-Postponement of proceedings-Rules for remanding accused-Bail-Judicial discretion-Cautious exercise necessary Sections 289 (2) and (4), 396.

Where an accused person is remanded for a term not exceeding the period prescribed in section 289 (2) of the Criminal Procedure Code it; is essential that he should be produced in Court at the expiry of that term so that the Magistrate might bring his mind to bear once more on what would be the appropriate order to make should the inquiry or trial be postponed.

The fixing of bail calls for the exercise of judicial discretion and for-the most anxious care in each case.

ORDER made in revision in respect of certain orders of the Magistrate, Panadure.

Accused present in person.

R. A. Kannangara, Crown Counsel, for Attorney-General.

September 27, 1949. GRATIAEN J.-

This case was brought to my notice when I recently visited the remand jail at Welikade. It was then reported to me that the accused one Reginald Athurupane, a young lad of 17, has since June 27,