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Manikkam Alias Manika Asari Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.77
AppellantManikkam Alias Manika Asari
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 109, 110 - bond under two sections cannot be taken. - order1. the accused has been ordered to give a bond under sections 109 and 110, criminal procedure code. there is no provision for taking a bond under the two sections together. further the evidence does not warrant the finding that the accused is a habitual thief so as to warrant an order under section 110, criminal procedure code. the order of the magistrate is set aside and the accused is to be set at liberty.
Judgment:
ORDER

1. The accused has been ordered to give a bond under Sections 109 and 110, Criminal Procedure Code. There is no provision for taking a bond under the two sections together. Further the evidence does not warrant the finding that the accused is a habitual thief so as to warrant an order under Section 110, Criminal Procedure Code. The order of the Magistrate is set aside and the accused is to be set at liberty.


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