Order The Fourth Presidency Magistrate, George Town, directed the petitioner under section 109(a) of the Code of Criminal Procedure to furnish security in the sum of Rs.100 with one surety in a like amount to be of good behaviour for a period of six months. As he failed to furnish the surety demanded, he was committed to prison. Section 109(a) of the Code of Criminal Procedure is directed against a person taking precautions to conceal his presence within the local limits of such Magistrate’s jurisdiction, when there is reason to believe that such person is taking such precautions with a view to committing any offence. But the evidence adduced in this case does not fulfil the requirements of the section. No doubt, P.W.2 deposed that at about 8-45 p.m. on 10th December, 1954, when he was watching suspects in the third class waiting shed in the Cental Station he noticed the petitioner moving about and dashing into the crowd while not purchasing any ticket himself, and that he arrested him on suspicion. Now, mixing with the crowd, or moving in and out of the crowd or dashing into it does not amount to taking precautions to conceal one’s presence within the local limits of a Magistrate’s jurisdiction. The order made by the learned Magistrate appears to be clearly unsustainable and it is set aside. The petitioner will be set at liberty unless he be otherwise lawfully detained. K.S. ----- Order set aside.