CIRCUMSTANCE WHERE POLICE MAY GRANT BAIL PENDING FURTHER INVESTIGATIONS

CIRCUMSTANCE WHERE POLICE MAY GRANT BAIL PENDING FURTHER INVESTIGATIONS

Sections 18 of the CPA; 129 of the CPC; and 27(b) of the Police Act provides for bail by the police pending the investigation of the allegation against the person arrested. When a person is arrested to the police station, the law enjoins the officer in charge of the station to release the suspect on bail pending further investigation into the case or before a charge is preferred against the person accused in court.

The bail granted by the police while investigations are continuing into the allegations of the accused is to enable him to secure his release on conditions that he returns to the police station at the time specified in the bond.

If a suspect remains in police custody after bail has been granted to him by the police because he is unable to fulfill the conditions of bail, then his continued detention in police custody is not in contravention of the constitutional provisions, since it is the duty of the suspect to comply with the conditions of bail.

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