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In Re: Muthu thevan

Type Court Judgment Court Chennai Decided Oct 17, 1909
~1 min read
https://sooperkanoon.com/case/807242

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898), Chapter VIII - Security bond--Breach and forfeiture--Fresh bond and fresh sureties. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Muthu thevan

Legal References

Reported In
5Ind.Cas.761

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.

Full 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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Same Parties In Re: Muthu thevan vs Same Subject Criminal Same Judge Miller, J.
Criminal

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