In Tamil Nadu, over 6000 inmates have been granted bail recently in order to reduce the number of inmates in jails as well as stop the spread of COVID-19. It is important to note that a large portion of these inmates include remand prisoners as well as prisoners on trial.
Overview
Bail Application In TN – When a person is in custody, he or she can be released from the imprisonment on payment of a security, usually a sum of money to the court, on a promise that the accused will appear for trial whenever called. The court has the power to grant bail with or without condition and has the power to refuse bail. The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner.
The security may be cash, the papers giving title to the property or the bond of private persons of means or a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security. Let us now understand how a bail application is filed and how bail is granted.
Grant of Bail
Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest. If the crime is non-bailable, you may wait for 48 hours to claim your right to bail in the court wherein you are given a hearing. Depending upon the facts of the case, the judge will decide whether you should get bail or not. Bail is usually refused when the accused is charged with homicide.
There are some conditions put under section 437 of the Criminal Procedure Code wherein you can ask for bail even if you have committed a non-bailable offense. In non-bailable cases, bail is not a right and is at the discretion of the judge. If the judge regards the case as fit for the grant of bail, certain conditions may be imposed as necessary in the circumstances.
The Procedure for Applying for Bail
- When a person is arrested and charged, he will be taken to the police station to book the case.
- The police will record details of the accused, like the name, residence address, and birthplace, and the charge filed against the accused.
- The police officer will check the criminal background of the accused, fingerprints and file a case against the accused. For smaller crimes, the accused will be allowed to apply for bail immediately. If the crime is complex, the accused may have to wait for 48 hours to claim their right.
- In the bail hearing, the judge may decide whether the accused can get bail or not based on various factors. The amount the accused may have to deposit with the court. The payment will be made at the discretion and decision of the judge. For certain smaller crime cases, a standard amount will be deposited for awarding the bail.
- If the case is a complicated one, the judge may decide the bail amount based on the background of the accused, the accused’s criminal record, or whether the accused may pose danger to others.
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FAQs
How much does bail cost in Tamil Nadu?
The cost of a bail application includes the bail amount, legal representation fees, court fees, and other expenses such as travel and accommodation. The bail amount is determined by the court and varies depending on the severity of the crime.
What are the three types of bail?
There are actually four types of Bail in India. They are namely, regular bail, default bail, interim bail and anticipatory bail. Regular bail is granted to a person who has been arrested and is in police custody. Default Bail is a right to bail that arises when the police fail to complete an investigation in respect of a person in judicial custody within a specified time frame. Anticipatory bail is granted to a person who expects to be arrested for an offense. Interim bail is granted for a short period of time, usually until the regular bail application is heard.
What are the applications of bail?
Bail is a basic part of the Indian criminal justice system and is granted to ensure that the accused will be available for facing the trial. It is also granted to prevent the accused from being detained for an extended period of time before trial
How do I prepare for bail application?
To prepare for a bail application in India, it is important to gather all relevant documents and evidence related to the case, such as medical records. It is also important to hire a lawyer from Vakilsearch who can represent you in court and argue your case effectively
What is the maximum days for bail?
There is maximum days prescribed for bail.
How bail amount is calculated?
The bail amount is determined by the court and varies depending on the severity of the crime. The court takes into account factors such as the accused's past criminal record, employment status, and ties to the community.
What is the best form of bail?
The best form of bail in India depends on the specific circumstances of the case. Regular bail is granted to a person who has been arrested and is in police custody, while anticipatory bail is granted to a person who expects to be arrested for an offense.
What is the basic rule of bail?
The basic rule of bail in India is that it is granted to ensure that the accused will be available for facing the trial and to prevent the accused from being detained for an extended period of time before trial.
In what cases bail will be granted?
Bail will be granted in India if the court is satisfied that the accused will be available for facing the trial and will not hamper the judicial process. The court takes into account factors such as the severity of the crime, the accused's past criminal record, and ties to the community when deciding whether to grant bail. However, in non-bailable offences bail is not granted as a matter of right but at the discretion of the court.
Conclusion
It is usually the case that bail will be granted if certain conditions are met. It should be noted that if the accused violates any of those conditions, the bail application will be revoked immediately. Upon winning the case, the bail amount will be refunded to the accused if the accused wins the case.
