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Kakkal Reddi Alias Govindan and Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.156
AppellantKakkal Reddi Alias Govindan And; Fareed Khan Alias Kader Beg
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 109 and 110 - security demanded under both sections, whether legal--single enquiry in the case of two persons--proof of association or concert. - - 277 and 278 of 1909), and unless the magistrate is satisfied that the two men were acting in concert, i.ordermiller, j.1. the bond should not have been demanded under both sections 109 and 110, criminal procedure code, (vide criminal revision cases nos. 277 and 278 of 1909), and unless the magistrate is satisfied that the two men were acting in concert, i.e., were associated in the acts charged, he, should not have held a, single enquiry. it is not clear whether in the present case a single enquiry might not have been justified; the magistrate does not deal with the point. but on the other ground the order is illegal, and i, therefore, set it aside.
Judgment:
ORDER

Miller, J.

1. The bond should not have been demanded under both Sections 109 and 110, Criminal Procedure Code, (vide Criminal Revision Cases Nos. 277 and 278 of 1909), and unless the Magistrate is satisfied that the two men were acting in concert, i.e., were associated in the acts charged, he, should not have held a, single enquiry. It is not clear whether in the present case a single enquiry might not have been justified; the Magistrate does not deal with the point. But on the other ground the order is illegal, and I, therefore, set it aside.


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