High CourtsDivision Bench(1904) 08 MAD CK 0002

In Re: Kosa Kumaran

Madras High Court · Decided on 23 August 1904 · Citation: 30 Ind. Cas. 450

HON’BLE JUDGES
Sankaran Nair, J · Davies, J

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Judgment

4 paragraphs · 100 words
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 u/s 109 he can hardly be amenable u/s 110, and vice versa. In this

case evidence shows the prisoner was properly bound over u/s 110, and we see no evidence to justify his being bound over u/s 109. We,

therefore, cancel the order binding him over under the section and leave the order to stand as one made u/s 110.