PETALING JAYA: Standing surety or becoming bailor for an accused in a criminal case may seem like an act of support or kindness, but it comes with serious legal responsibilities and financial risks, say lawyers.
If the accused failed to show up in court, the bailor will be held responsible and stands to have the bail amount forfeited, they reminded.
Seasoned criminal law lawyer Kitson Foong said a surety’s duty was to ensure that the accused appeared at all court proceedings.
“If the accused fails to show up, the court may issue a warrant of arrest (for the accused) and require the surety to explain the absence.
“If the explanation is unsatisfactory, the court can forfeit the entire bail amount, as provided under Section 404 of the Criminal Procedure Code (CPC).
“In such cases, the surety must attend court and may be ordered to show cause as to why the bond should not be forfeited. They may lose the full amount posted,” he said.
However, the law does provide a way out, Foong revealed, adding that a bailor who feared the accused absconding could apply to the court to be released from their bond any time under Section 393 of the CPC.
“Upon application, the court will immediately issue a warrant to bring the accused before it and direct the latter to find a new surety. If a replacement cannot be found, the accused may be taken into custody,” he explained.
Foong advised anyone considering becoming a bailor to ensure that the accused is a “trusted person” who is unlikely to abscond – and be prepared to lose the bail amount, just in case.
They must also not accept money or any benefit in exchange for standing bail, he said.
Lawyer R. Ramesh Sivakumar said a bailor should preferably be a friend or family member of the accused.
In the event no family member or friend is willing to post bail, a third party may agree to take the risk by posting bail, he added.
“It is not necessary for the bailor to use his own money. It is also not an offence for others to help.
“While not illegal, relying on others for the security could raise questions about the surety’s genuine commitment or the accused’s ability to comply with bail conditions. The court may scrutinise such situations closely,” he added.
