Answer the following questions.

1. Does section 387 CPC apply to bailable offences when the offender had
come to court through summons?
Yes. section 387 CPC do apply to bailable offences when the
offender had come to court through summons.
Section 387 provided that If a person is arrested without a warrant
and willing to give bail, they can be released on police bail or
discharged on a bond without sureties for their appearance.
This provision emphasized that bail is the right of the accused and it
is mandatory.

2. What is the scope of section 388 CPC?

Section 388 CPC states court and police officer has discretion to grant
bail for non-bailable offence depending on the circumstance and facts of
each case (person accused on non-bailable offence may released on bail)
The accused has no right to bail but the court has discretion to give it or
not

3. What are the factors which may be taken into consideration by the court in
exercising its discretion to grant bail?
There are few factors which may be taken into consideration by the court
in exercising its discretion to grant bail as stated in the case of PP v Wee
Swee Siang (1948).

a. Whether there was or was not reasonable ground for believing the
accused guilty of the offence.
b. The nature and gravity of the offence charged.
- whether serious or not serious.
c. The severity and degree of punishment that might follow.
- not only the nature but look at the severity as well.
d. The danger of the accused absconding.
- the court will look into the history of the accused, his character.
e. Character, means and standing.
- demeanor, appearance, history.
 f.Danger of the offence being continued or repeated.
g.Danger of witnesses being tampered with.
h.Opportunity to the accused to prepare for the defence.
i.Long period of detention of the accused and probability of further
period of delay.
- eg: at the time when appear before the magistrate, he has already been
detained for a long time, if given bail, may delay so court has
discretion to release him on bail

4. Discuss the law governing situations wherein the court will refuse to grant
bail.
Firstly, Section 437 of CPC: Powers of the trial court and the Magistrate
to grant or refuse bail to person that suspected to the commission of any
non-bailable offence.

Secondly, Section 388 of CPC: An accused shall not be release

on bail if there is reasonable ground that he has been guilty of
offence punishable with death or imprisonment for life.

Thirdly, Section 12 of the Firearms (Increased Penalties) Act 1971: Bail

shall not be granted to an accused person charged with an offence under
this Act.

Fourthly, Section 41B (2) of the Dangerous Drugs Act 1952: serious drug-
related offenses, resulting in severe punishments such as death,
imprisonment, or life imprisonment. To be released on bail, individuals
must provide a written certificate from the public prosecution stating that
bail is not in the public interest otherwise the court will refuse to grant it.

5. Can the court impose additional conditions when granting bail? In what
circumstance the court can do so?
 Yes. The court can impose special conditions on any bail grant if the court
believe that the conditions are necessary. In bailable cases, the court may
impose conditions in granting bail. Example includes having the accused
to surrender his passport. Failure to comply with any required condition
may result in the accused being kept in remand until trial.

6. What are the types of additional conditions that can be imposed?

The scope of additional condition is a wide one and can include imposing
reporting conditions, conditions requiring the defendant to reside at a
certain place, or conditions restraining the defendant’s contact with the
complainant or other. There are few law cases that illustrated the practice
in Malaysia regarding to additional conditions that can be imposed when
granting bail.

For instance, in the case of PP v Balwant Singh there are four condition
that has been listed out which are, to surrender the firearm and licence to
police, to remain indoors for a stipulated time and not to be present at any
public places also not to attend any public functions save for religious and
family activities.

7. What is the sole purpose of imposing such conditions? Has it got any
effect on the bail to an accused person?

The sole purpose of imposing such conditions is to ensure that the

defendant appears in accordance with the person’s bail and surrenders into
custody. Moreover, the court also can impose special conditions on the
accused while released on bail to ensure they does not commit an offence;
or endanger the safety or welfare of members of the public; or interfere
with witnesses or otherwise obstruct the course of justice whether in
relation to the person or another person. The court or shall impose such
conditions as [they think] fit for any or all such purposes.