S.Kumar (TL) 13 May 2012

Refund of cash bail amount

Dear friends,

A false case was filed against me & my parents under sec. 498a. The petitioner & her family could not back up their fictitious charges with any evidence, did not appear in court even though summoned numerous times and the case was ruled entirely in our favour. The month-long appeal period has also passed. We have filed an application for refund of surety that was taken from us by the court. It seems all 3 of us have to be physically present in court to sign the procedural papers for refund of the amount (Rs.3000 each, Total Rs.9000) and only then cheque would be issued. This is an out-station case and it does not make sense to spend about Rs.25000 in airfare to get refund of Rs.9000
Would there be any negative consequences for not appearing in court to go through the process of cash bail amount refund?
Please let me know your suggestions.

Thanks in advance

S.Kumar

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N.K.Assumi (Advocate) 13 May 2012

Cash bail is a myth, except in exceptional circumstances when the person resides outside the jurisdiction of the court, though justice. Krishna Iyer had clearly mentioned what is north or south or east or west for getting bail, but cash bail goes on. Surety amount should be refunded: but in practise this is just beyond imagination for getting the amount. And as you rightly mentioned about airfare, it will be like Mahatma Gandhi's story of purchasing a cow, so forget it or just file an application to the court to send the same post. ALL THE BEST IN YOUR EFFORTS.

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