WHEN an accused person is granted bail after pleading not guilty to a charge, it is called bail pending trial. And bail here simply means a sum of money provided to guarantee the accused person will turn up in court until the case concludes.  

The person who will post bail is not the accused, 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 the accused complies with the court’s orders or directions. There can be more than one bailor. 

If the accused complies with all 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 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 bail has been posted, the accused 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 be remanded in custody. 

Considering the Chief Registrar of the Federal Court of Malaysia’s clarifications that refuted 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 granting of bail.

Be informed. Seek clarification. Avoid jumping to conclusions. 

The Arabic word for this is “tabayyun”, which means to seek clarification and validation of the truthfulness of something. 

A Malaysia Madani is a Malaysia that does that. – April 24, 2023.  

* Hafiz Hassan reads The Malaysian Insight.  

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.