Does Section 387 CPC grant discretion to impose bail conditions?

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Section 387 of the Criminal Procedure Code does not grant discretion to impose bail conditions.

Section 387 of the Criminal Procedure Code (CPC) outlines the right of an accused or arrested person to bail in bailable offences. Crucially, this section does not provide for the imposition of conditions on bail orders. When an individual is charged with a bailable offence, they are entitled to release on bail as a matter of right, and the court lacks the discretion to refuse bail once the accused is prepared to provide it.
Bail as a Right in Bailable Offences

The legal framework governing bail in Malaysia, as detailed in Chapter XXXV of the Criminal Procedure Code, distinguishes between bailable and non-bailable offences. Section 387 specifically addresses bailable offences, establishing that an accused person has an inherent right to be released on bail upon fulfilling the required bail arrangements. This right is absolute, meaning that once the accused demonstrates their readiness to furnish bail, the court is obligated to grant it without the power to withhold.
Absence of Discretion Precludes Conditions

The principle that accompanies the right to bail in bailable offences is the absence of judicial discretion to impose conditions. As articulated in legal precedents such as Rex v Genda Singh & Ors [1950], where there is no discretion to refuse bail, the power to attach conditions to the bail order does not arise. This is because bail under Section 387 is a matter of entitlement, not a grant based on judicial assessment of risk or other factors, which is typically associated with non-bailable offences under Section 388 of the CPC.
Distinguishing from Non-Bailable Offences

In contrast to bailable offences, Section 388 of the CPC allows for the exercise of discretion by police officers or the court in releasing individuals accused of non-bailable offences. Indian legal authorities, as referenced in the PP v Dato’ Mat Safuan [1991] case, suggest that where discretion exists to grant or refuse bail, there may be an implied power to impose conditions. However, this distinction underscores that such conditional discretion is not applicable to bailable offences governed by Section 387, where the entitlement to bail is paramount and unconditional.

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Does Section 387 CPC grant discretion to impose bail conditions?

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