(1.) The State has filed this appeal against the order passed by the Second Class Magistrate of Mukundapuram acquitting the accused in C.C. No. 708 of 1960 who was charged under S.225B of the Penal Code for having escaped from the lawful custody of Pw. 1 in whose custody he had been detained.
(2.) In execution of the decree in O.S. 55 57 on the file of the Irinjalakuda Munsiff's Court an arrest warrant was issued for the arrest of the accused. The endorsement of Pw. 2, Ext. PI on the back of the warrant shows that the accused was arrested and produced before the Nazir. Ext. P6 is the signature of the accused in token of his having been arrested. The accused was produced before the court and it was ordered that he be detained in the custody of peon Pw. 1 for four days in order to enable him to pay up the decree amount. Accordingly the accused was in the custody of Pw. 1 when on the 12th December 1959 midnight he escaped from custody. Enquiries were said to have been made for the accused on the 13th and 14th, but getting no clue Pw. 1 made a report to the Nazir Pw. 5 on the 15th morning. On getting this report the Munsiff sent a communication Ext. P7 to the Sub Inspector of Police, Irinjalakuda to prosecute the accused. A case was registered and investigated and Pw. 6 the Sub Inspector of Police laid the charge sheet.
(3.) The accused when questioned admitted that he was arrested and produced before the Court. He stated that he had applied for time to pay up the decree amount, that time was allowed, that he was not detained in the custody of Pw. 1 and that he did not escape from custody as alleged. He examined one witness in his defence. The learned Sub Magistrate acquitted the accused on the ground that his detention in the custody of Pw. 1 cannot be said to be lawful custody and escape even if true cannot amount to an offence.