Can bail conditions be attached to bailable offences under Section 387 CPC?

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Bail Conditions Cannot Be Attached to Bailable Offences Under Section 387 CPC

Bail conditions cannot be imposed when an accused is granted bail for a bailable offence under Section 387 of the Criminal Procedure Code. This is because Section 387 grants the accused an absolute right to bail once they are prepared to furnish it, leaving no discretion for the court to withhold or attach conditions to the bail order. In contrast, for non-bailable offences, Section 388 of the Criminal Procedure Code allows for judicial discretion in granting bail, which implicitly permits the imposition of conditions.
Right to Bail for Bailable Offences

When an individual is charged with a bailable offence, they are legally entitled to be released on bail as a matter of right. This entitlement is clearly stipulated by Section 387 of the Criminal Procedure Code. The law dictates that once the accused fulfills the requirement of providing bail, the court has no authority to refuse it. This principle underscores that the right to liberty is paramount in cases of bailable offences, pending trial.
Discretionary Bail for Non-Bailable Offences

Section 388 of the Criminal Procedure Code governs bail for non-bailable offences, granting police officers and the courts discretion in releasing an accused person. Indian legal authorities, as referenced in discussions on bail law, suggest that this discretion to grant or refuse bail implies a corresponding discretion to impose certain conditions when bail is granted. This allows for a more nuanced approach to ensure the accused's appearance in court while considering potential risks.
Absence of Power to Impose Conditions Under Section 387

The legal framework, as interpreted in cases like PP v Dato’ Mat Safuan [1991], establishes that since Section 387 of the Criminal Procedure Code does not provide for any discretion to refuse bail, it consequently does not confer any power to impose conditions. The absence of such discretionary power means that any attempt to attach conditions to bail granted under this section would be outside the court's legal purview. This contrasts with situations under Section 388, where conditions are permissible.
Case Example Illustrating Bail Conditions for Bailable Offences

An instance that highlights the complexities surrounding bail conditions for bailable offences is the case involving Tamim Dahri, who was charged under Section 295 of the Penal Code, a bailable offence. Despite the offence being bailable, the court granted bail with specific conditions, including a RM10,000 bail sum, two sureties, surrender of passport, and regular reporting to the police. This case demonstrates a deviation from the principle that conditions cannot be imposed on bailable offences, sparking debate on the interpretation and application of bail laws.

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Can bail conditions be attached to bailable offences under Section 387 CPC?

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