1956  Present: Sinnetamby, J.

O. A. PEMADASA, Appellant, and L. DAVID (D. S. I.;
Respondent

S. C. 383-M. C. Matara, 40,041

Conditional release of offenders-Recognizance-Proper Form-Criminal Procedure Code, ss. 80, 82, 325,.327 (4).

Before a court can proceed to act under section 327 (4) of the Criminal Procedure Code, the recognizance entered into must be in conformity with the provisions of section 325. The form of bond relating to conditional release-of offenders under sections 325 and 326 is prescribed in Subsidiary Legislation of Ceylon, Volume I, Chapter 16, at page 113.

APPEAL from an order of the Magistrate's Court, Matara,

R. A. Kannangara, for the accused-appellant.

T. A. de S. Wijesundera, Crown Counsel, for the Attorney-General.

October 31, 1956. SINNETAMBY, J.-

The accused in this case was on his own plea convicted under section 326 of the Penal Code and ordered to enter into a bond of good behaviour for a period of two years. He was ordered to pay Rs. 25 as Crown costs ; presumably the Magistrate purported to act under section 325 of the Criminal Procedure Code, but he had proceeded to convict the accused which he should n