APRIL 24 — When an accused person is granted bail after he pleads not guilty to a charge, it is called bail pending trial.
And bail here means, in simple words, a sum of money which is provided to guarantee that the accused person will turn up in court until the case concludes.
The person to post bail is not the accused person but a third party called a bailor (also known as a surety). The bailor agrees to provide security for the bail amount ordered by the court.
A bailor is therefore a person who pledges security, in the form of cash or personal property, to ensure that an accused person complies with the court’s orders or directions. There can be more than one bailor.
If the accused complies with all of the court’s orders or directions, the bail amount will be returned to the bailor after the case is concluded.
The bailor’s legal duty is to ensure the accused person attends court and complies with other bail conditions.
The legal duty is a very serious responsibility. If the accused fails to attend court, the bailor may lose all the money or personal belongings deposited as security.
Once a bailor has posted bail, the accused person will be released from remand until his case concludes or bail is revoked. The latter may occur, for example, if the accused breaches a condition of bail.
If no bailor comes forward to post bail, the accused person will remain remanded in custody.
In light of the clarifications by the Office of the Chief Registrar Federal Court of Malaysia refuting allegations that the early closure of a bail counter at the Kuala Lumpur court complex forced six accused persons to spend the long Hari Raya Aidilfitri weekend in jail, the public must know that there is a procedure to be followed following the grant of bail by the court.
Be informed. Seek clarification. Avoid jumping to conclusions.
In Arabic, the word is “tabayyun” which means to seek clarification and validation of the truthfulness of something.
A Malaysia Madani is a Malaysia that seeks clarification and validation.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
