Court cannot insist on property documents, says Madras High Court

Chennai: The Madras HC has ruled that when the accused executes bail bond, when the surety executes surety bond, court cannot insist production of property documents and surety need not be a government servant or a blood relative or a local surety.

Modifying the anticipatory bail condition imposed on one Sagayam alias Devasagayam, Justice P. Devadass gave the ruling.

The judge said the amount of bail bond should not be excessive and it should be reasonable. 

“It is made clear that production of property documents or VAO certificate, tahsildar certificate, solvency certificate and RC book should not be insisted upon from the accused or from the sureties. Copies of any one of the documents like passport, ration card, PAN card, driving license, voters ID, Aadhaar card can be accepted”, the judge added.

The judge said the sureties need not be a government or a public servant or a permanent employee or related by blood to the accused or a member of the family but he should be a genuine person. One person can be a surety for more than one accused. 

In the first instance, cash surety cannot be insisted upon. When the accused was not in a position to produce personal surety and offers cash surety, it can be accepted, the judge added.