Packeer V. Inspector Of Police Pettah

1951 Present : Nagalingam J.

PACKEER, Appellant, and INSPECTOR OF POLICE, PETTAH,
Respondent

S. C. 680-M. C. Colombo, 14,987/B.

Criminal Procedure Code-Section 80-" Offence which involves a breach of the peace "-Security for keeping the peace on conviction.

Where a person is convicted, under Section 314 of the Penal Code, of causing simple hurt, a binding over to keep the peace in terms of Section 80 of the Criminal Procedure Code is a proper order.

APPEAL from a judgment of the Magistrate's Court, Colombo.

M. M. Kumarakulasingham, with J. C. Thurairatnam, for the accused appellant.

A. Mahendrarajah, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

October 16, 1951. NAGALINGAM J.-

The only point urged on appeal in this case is that the learned Magistrate was in error in directing the appellant to enter into a bond to keep the peace in addition to the term of imprisonment imposed on him. The contention is that under section 80 of the Criminal Procedure Code, unless the offence of which the accused is convicted is one which involves a breach of the peace, no order could be made directing a convicted person to

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