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In Re: Kosa Kumaran - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in30Ind.Cas.450
AppellantIn Re: Kosa Kumaran
Excerpt:
criminal procedure code (act v of 1898), sections 109, 110--security for good behaviour under both sections, if legal. - - order 1. we think that no person should be bound over to be of good behaviour under both sections 109 and 110 of the code of criminal procedure.order1. we think that no person should be bound over to be of good behaviour under both sections 109 and 110 of the code of criminal procedure. the sections contemplate different classes of cases and if a man is amenable under section 109 he can hardly be amenable under section 110, and vice versa. in this case evidence shows the prisoner was properly bound over under section 110, and we see no evidence to justify his being bound over under section 109. we, therefore, cancel the order binding him over under the section and leave the order to stand as one made under section 110.
Judgment:
ORDER

1. We think that no person should be bound over to be of good behaviour under both Sections 109 and 110 of the Code of Criminal Procedure. The sections contemplate different classes of cases and if a man is amenable under Section 109 he can hardly be amenable under Section 110, and vice versa. In this case evidence shows the prisoner was properly bound over under Section 110, and we see no evidence to justify his being bound over under Section 109. We, therefore, cancel the order binding him over under the section and leave the order to stand as one made under Section 110.


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