Madras High Court formulates guidelines for cancelling bail; executive magistrates to complete inquiry within 30 days

As per guidelines framed by Justice V Parthiban on Wednesday, executive magistrates should issue notice to the person who jumped the bail bond condition to explain as to why action under Section 122(1)(b) (arrest or detention) of CrPC should not be taken for breach of the bond on a date fixed

Press Trust of India February 14, 2019 15:10:38 IST
Madras High Court formulates guidelines for cancelling bail; executive magistrates to complete inquiry within 30 days
  • At the enquiry, the executive magistrate should furnish the person the material sought to be relied upon

  • If the person wishes to engage an advocate to represent him at the inquiry, such opportunity shall be provided

  • The court also made it clear that the inquiry should be completed within 30 days as far as possible

Chennai: The Madras High Court has framed guidelines to be followed by executive magistrates while ordering detention or arrest of an accused for breach of bail bond.

Madras High Court formulates guidelines for cancelling bail executive magistrates to complete inquiry within 30 days

File photo of Madras High Court. Wikimedia Commons

As per guidelines framed by Justice V Parthiban on Wednesday, executive magistrates should issue notice to the person who jumped the bond condition to explain as to why action under Section 122(1)(b) (arrest or detention) of CrPC should not be taken for breach of the bond on a date fixed.

"At the enquiry, the executive magistrate should furnish the person the material sought to be relied upon, including statements of witnesses, if any, in the vernacular.

"If the person wishes to engage an advocate to represent him at the inquiry, such opportunity shall be provided," the judge said.

During the inquiry, the magistrate should apply his mind on the material available on record and pass speaking order citing grounds on which the magistrate was satisfied that the person has breached the bond, he added.

The court also made it clear that the inquiry should be completed within 30 days as far as possible and at no circumstance should it be adjourned unnecessarily.

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