The Madras High Court on Wednesday laid down elaborate guidelines to be followed by executive magistrates before revoking the bonds executed by habitual offenders under Section 122 of the Code of Criminal Procedure, promising to maintain good conduct and ordering them to undergo imprisonment for the rest of the bond period.
Justice V. Parthiban ordered that a detailed inquiry must be conducted by the executive magistrates before taking a decision on the issue of revoking the bail bonds executed by the accused and during such inquiries, the latter must be given an opportunity to engage an advocate of his/her choice too if he/she so desired to do so.
The objection by the State for permitting the accused to engage a counsel for the inquiry was constitutionally unacceptable and therefore liable to be rejected, the judge said. Further, during the inquiry, the accused should be given copies of all relevant documents, including statements of witnesses, in the vernacular language known to him/her.
It was also made clear that the accused should be given an opportunity to cross-examine the official witnesses and produce documents and witnesses in support of their case. Only after following the elaborate procedure, the Executive Magistrate concerned should pass a speaking order citing reasons for revoking the bond, the judge ordered.