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In Re: Thirumal Reddy - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1923Mad133; 76Ind.Cas.966
AppellantIn Re: Thirumal Reddy
Cases ReferredMuthiah Chetli v. Emperor
Excerpt:
criminal procedure code (act v of 1898), section 106(3) - absence of finding as to breach of peace--appellate court, whether may demand security. - 1. there is no finding that any branch of peace occurred. following muthiah chetli v. emperor 29 m. 190 : 3 cr. l.j. 461 which has not been overruled so far as this part of the case is concerned by the case of in re soldi gounden 21 ind. cas. 174 : 37 m. 153 : 14 m.l.t. 235 : (1913) m.w.n. 769 : 25 m.l.j. 403 : 14 cri. l.j. 574. i am of opinion that the appellate court was wrong in directing the accused to enter into a bond under section 106 of the code of criminal procedure.2. the order under section 106 is set aside.
Judgment:

1. There is no finding that any branch of peace occurred. following Muthiah Chetli v. Emperor 29 M. 190 : 3 Cr. L.J. 461 which has not been overruled so far as this part of the case is concerned by the case of In re Soldi Gounden 21 Ind. Cas. 174 : 37 M. 153 : 14 M.L.T. 235 : (1913) M.W.N. 769 : 25 M.L.J. 403 : 14 Cri. L.J. 574. I am of opinion that the Appellate Court was wrong in directing the accused to enter into a bond under Section 106 of the Code of Criminal Procedure.

2. The order under Section 106 is set aside.


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