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In Re: Muthu thevan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.761
AppellantIn Re: Muthu thevan
Excerpt:
criminal procedure code (act v of 1898), chapter viii - security bond--breach and forfeiture--fresh bond and fresh sureties. - ordermiller, j.1. i am unable to find any authority to support the magistrates's view that a man may be required without fresh proceedings taken against him to find sureties a second time when in consequence of a breach, his original security is forfeited. the forfeiture of the security is prescribed as penalty for breach of the conditions of the bond and the code does not provide for a renewal of the bond without fresh proceedings. the order is, therefore, set aside and the bail may be discharged.
Judgment:
ORDER

Miller, J.

1. I am unable to find any authority to support the Magistrates's view that a man may be required without fresh proceedings taken against him to find sureties a second time when in consequence of a breach, his original security is forfeited. The forfeiture of the security is prescribed as penalty for breach of the conditions of the bond and the Code does not provide for a renewal of the bond without fresh proceedings. The order is, therefore, set aside and the bail may be discharged.


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