Some times an accused, who is an utter stranger to the area or he has no friends or relatives in the area or he could not secure a person to stand as surety can offer cash surety. The Court can accept cash surety, instead of personal surety. But the Court cannot demand personal surety, property surety and cash surety, at a time. It is not cumulative. It is alternative.
Misuse of law for harassment
A FIR was made against me under IPC Section 406 by person X in Kerala. As the FIR was made solely for harassing me, I anticipated arrest and requested bail from court. Bail was granted to me on the condition that I submit my passport and an amount in court, which I did. The FIR was subsequently closed after 1 year and a negative Final Report was filed based on the evidence I provided to Police. The FIR was through First Class Magistrate hence the Final Report was forwarded to the Magistrate. The Magistrate asked the person X to raise protest else the matter would be closed. The person X requested additional time for filing protest as they want to harass me by keeping the case open for as long as possible. Now, I submitted a petition in court to get back my passport and money as it was required. The court has accepted my petition but asked me to get local sureties. I have no family or friends in Kerala and hence cannot arrange surety. What should I do next? Is there another way to provide surety other than money or passport? Also, how can I get this matter settled at the earliest as I have been informed that protest cases go on for 3-5 years?
Asked 4 years ago in Criminal Law
Religion: Hindu
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10 Answers
The court cannot insist on local surety there is arx court judgement that you can get surety from your place or cash surety may be provided
1. Option-1: You can file for "quashing proceedings" u/s 482 in the state High Court, based on the FIR and Negative Report of Police. This is surely possible and can be done.
2. Option-2: Your lawyer could arrange local sureties (at a cost) .OR. you would provide some Land /Property original documents as surety. This is acceptable by court.
3. Your lawyer should raise strong objections on technical and law points against the "protest petition" filed by the nefarious complainant. Typically "protest petition" must be decided within 6 months. You are strongly suggested to follow point no. 1 (above) and get rid of the nuisance against you. High Court order will be final and conclusive, for ever.
The court has granted you permission to take back your passport and the money held in the court as deposit.
If you say that you do not know anyone in Kerala to stand as surety then you may not be able to retrieve the deposit from court, the court has to vouch upon certain guarantee unless there are no chances, instead you wait for the court to decide about disposing the case by giving a last and final chance to the defacto complainant to file his objection as sought by court, if he do not file any objection in the next hearing, you may pressurise the court to dispose the matter citing the irresponsible behavior of the complainant in this regard.
Challenge the order by way of writ, closer report is submitted by court so till court dose not accept protest petition, no case is pending against you.
And now court will issue you summon if protest accepted and till than you are not bound to submit any surety.
File revision agasint the demand of surety. You are entitle to release both without condition.
Ask your lawyer to arrange the local sureties otherwise no other way.
- As per the Supreme Court, the acceptance of a bail bond furnished by an accused in the court is the discretionary power of the judge.
- Since you dont have any friend & family members in Kerala , then you should move an applicaton before the said court ,to allow you to produce a surety from outside the state, or to release the passport and money on personal bond.
- For personal bond , you will have to show your compelete details of residence & identity.
- For getting urgent relief , you should approach higher court to quash the FIR.
You should arrange the sureties you have in Delhi
Get valuation report of their property from tehsildar.
Go to court and make application for providing non local sureties as you don't have any connection in Kerala.
See firstly you can request your lawyer he can engage you some sureties locally. The local person charge some amount to be sureties.
See if he file protest then you have to contest same before the trial court though it may not take that long.
Also the only way for surety is amount or through people.
You will have to take permission from the Court for the same and if you can put your case well before the judge, you should be able to get such relaxation.
