What is the legal meaning of Issuance of bailable warrant in the sum of Rs. 10,000/- with one surety of like amount aganist accused XYZ and a notice under Section 446 CrPC?


In short warrant means arrest warrant and it can either bailable or non bailable. If bailable then police can itself release the person on bail and in such a case if the person doesn’t apply for cancellation of the same the court may send the accussed in to judicial custody to secure his attendance in future.

In Bailable warrants if the person appear before the court on the mentioned date, the court will recall his order and cancel the warrants and will not take the person in custody. In case the person doesn’t appear before the court on date the bailable warrant will be coverted into non bailable warrant and police may be directed to arrest the person and keep him custody.

In this case the accused XYZ is an accused in a criminal offence or case. and the person got bail on someone’s surety securing his bail and later on XYZ failed to appear before court.

Hence Court has issued bailable warrants notice Under Section 446 CrPC to the surety who secured him bail to procure the presence of XYZ, because by securing his bail the surety has agreed to have control over XYZ and in case if he is not appearing in court the surety has the duty to make him appear before Court. In case he fails to appear before the court the amount of 10,000 will be confiscated.

Reference: Laws Applicable: Criminal Procedure Code

Sections Applicable: Section 446 CrPC



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