Bail

kunhi marakkar (Querist) 26 December 2020 This query is : Resolved
Is land tax receipt mandatory to release an accused on bail who is in jail?If not,what is alternative way to give guarantee?7

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Guest (Expert) 26 December 2020
Only the Concerned Court could Confirm the Exact Requirement.

Rajendra K Goyal (Expert) 26 December 2020
Please state clear problem.

For bail, regarding property shown in the bail bond satisfaction depend on the court.

Advocate Bhartesh goyal (Expert) 26 December 2020
Title deed or ownership of property documents are considered to grant bail.land tax receipt is never presumed as property ownership document.

P. Venu (Expert) 27 December 2020
In Kerala, Land Tax Receipt is accepted as property document while granting bail.

Dr J C Vashista (Expert) 28 December 2020
In other states (except Kerala as advised by expert Mr. P Venu) Land Tax Reciept is not accepted for surety document while admitting accused on bail.

Guest (Expert) 28 December 2020
It is Not Legally Right to Say that in Kerela all the Courts would accept Land Tax Receipts as Surety. It all depends on the Consent and Discretion of the concerned Courts.

Guest (Expert) 28 December 2020
For e-g R efer the Case of " Valson VS State of Kerela ' S.T.No 1403 /83 on the file of Judicial Magistrate of the second class Thrissur said " But I am not satisfied with the Tax Receipts and hence the affidavits are rejected and posted for evidence to produce solvency certificate and accused remanded to special sub jail vyyur .

Guest (Expert) 28 December 2020
Discretion , Decision and Consent of the Courts would /could vary and it is not Right to declare all the Courts would follow the same.

K Rajasekharan (Expert) 28 December 2020
Production of land tax receipt or title document is not a must for the court to release an accused on bail, if the court finds that it can ensure the attendance of the accused for trial by other means. The court for this purpose can ask the accused to execute bail bond and one or more sureties to execute surety bond for sufficient amount.

As per Section 441 of the Criminal Procedure Code it is the discretion of the court to decide whether the sureties are "fit or sufficient". The court has enough statutory mechanism to decide whether they are "fit or sufficient".

Kerala courts in general insist on for production of land tax or a salary certificate of the employer while they are offered as sureties.

In fact this is more an ingenious and simple way than asking them to produce the original title deed of the land which should be kept safely.

The accused has yet another option of depositing the amount in the court in lieu of executing the bail bond.

Message likes : 1 times

Rajendra K Goyal (Expert) 31 December 2020
Very well explained by the expert K. Rajasekharan.

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