[Rev. 2012]
Criminal Procedure Code
CAP. 75
(4) The period, if any, for which any person is imprisoned for failure to give
security shall not exceed three years.
(5) If the security is tendered to the officer in charge of the prison, he shall
forthwith refer the matter to the court or magistrate who made the order, and shall
await the orders of the court or magistrate.
[Act No. 26 of 1957, s. 2.]
59. Power to release persons imprisoned for failure to give security
Whenever a magistrate empowered to hold a subordinate court of the first class
is of the opinion that a person imprisoned for failing to give security may be released
without hazard to the community, the magistrate shall make an immediate report
of the case for the orders of the High Court, and that court may order the person
to be discharged.
60. Power of High Court to cancel bond
The High Court may at any time, for sufficient reasons to be recorded in writing,
cancel any order made under section 47 or section 53.
[Act No. 25 of 1971, Sch.]
61. Discharge of surities
(1) A surety for the peaceable conduct or good behaviour of another person
may at any time apply to a magistrate empowered to hold a subordinate court of
the first class to cancel a bond executed under any of the preceding sections of
this Part within the local limits of his jurisdiction.
(2) On the application being made, the magistrate shall issue his summons
or warrant, as he thinks fit, requiring the person for whom the surety is bound to
appear or to be brought before him.
(3) When the person appears or is brought before the magistrate, the magistrate
shall cancel the bond and shall order the person to give, for the unexpired portion of
the term of the bond, fresh security of the same description as the original security.
(4) Every such order shall for the purposes of sections 56, 57, 58 and 59 be
deemed to be an order made under section 53.
61A. Breach of restriction order
A person who, whilst subject to a restriction order, is found outside the district
named in the order without the written permission of the chief officer of police of
the district, or who fails to comply with any condition attached to that permission,
shall be guilty of an offence and liable to imprisonment for a term not exceeding
twelve months.
[Act No. 25 of 1971, s. 7.]
PREVENTIVE ACTION OF THE POLICE
62. Police to prevent cognizable offences
A police officer may interpose for the purpose of preventing, and shall to the
best of his ability prevent, the commission of a cognizable offence.
C44 - 31
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