In Re: the Public Prosecutor - Court Judgment

Excerpt:
penal code (act xlv of 1860), section 224 - escape from custody--arrest of judgment-debtor--judgment-debtor allowed to go by decree-holder and, process-server. - order1. (on admission). i reject the appeal. if the decree-holder and the process-server agreed to let the accused go, there is no escape from custody. queen empress v. muppan 18 m. 401 and crown v. ramasami konan 18 m.l.j. 540 : 31 m. 271 : 8 cri.l.j. 200 are cases of arrest on a criminal charge and have no application.

Judgment:
ORDER

1. (On Admission). I reject the appeal. If the decree-holder and the process-server agreed to let the accused go, there is no escape from custody. Queen Empress v. Muppan 18 M. 401 and Crown v. Ramasami Konan 18 M.L.J. 540 : 31 M. 271 : 8 Cri.L.J. 200 are cases of arrest on a Criminal charge and have no application.