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108.(1)Subject to the provisions of sections 106 and 107, a person
arrested in any other offence, shall be released, whenever he
executes a bond, or presents a surety, unless the Prosecution
Attorney, or the Judge, of his own accord , or upon the
recommendation of the officer in charge , for reasons to be
recorded, deems that release of the arrested person may lead to
his escape, or prejudice the inquiry.
(2) The Police Station Chief may release the accused, in the offences
entisted in Schedule III, hereto, in case of absence of the
Prosecution Attorney, and the Judge, after the twenty four hours
of arrest; provided that the inquiry record shall be submitted, to
the Prosecution Attorney, or the Judge, as the case may be; and
the Prosecution Attorney, or the Judge may order re-arrest of the
accused, where he deems there is ground thereofor.
(3) The Police Station Chief shall not release any accused arrested,
or re-arrested by an order issued by the Prosecution Attorney, or
the Judge, or the order of anyone of them, renewing his
confinement.
Release of public servant
109. Deposit, or bail shall not be required for release of a public
servant, who commits, in good faith, in the course of his
official work, such an act, as may constitute an offence .
Conditions of bond
110.(1) The bond, executed by the arrested person, shall include a
declaration to execute the conditions of appearance which are
ordered by the Prosecution Attorneys Bureau, or court and
specification of the amount of security, whenever required
thereof.
(2) Bail shall not be accepted, save from a known person, the
satisfaction and sufficiency of whom is trusted.
(3) The surety shall be bound to bring the arrested person,
whenever required of him, and shall, likewise, be bound to pay
the assessed security, upon his failure.
(4) Regard, in assessment of the required security, shall be had to
the nature of the offence, the injury resulting therefrom and the
property the subject of the offence; and there shall be no
exaggeration, in the assessment thereof.
(5) The Prosecution Attorney, or the Magistrate, shall insure the
security, by requiring an estate mortgage, or attachment, an
insurance policy or any other means of security, as he may
deem fit.
Bail of minor mandatory
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