1912_MAGISTRATES_ORDINANCE__1890 — Page 44

528

No. 3 of 1890.

MAGISTRATES.

or otherwise, or with wilful or indecent exposure of the person, or with riot or assault upon a police officer in the execution of his duty or upon any person acting in his aid, or with an assault in pur- suance of a conspiracy to raise the rate of wages, a Magistrate may, in his discretion, admit the accused to bail, on his procuring or producing such surety or sureties as, in the opinion of the Magis- trate, will be sufficient to ensure the appearance of the accused at the time and place when and where he is to be tried for such offence; and thereupon the Magistrate shall take the recognizance of the accused and his surety or sureties conditioned for the appearançe forms 79-80. of the accused at the time and place of trial and that he will then surrender and take his trial and will not depart the Court without leave.

1st schedule:

form 81.

(3) Where a person is charged with an indictable misdemeanor other than those mentioned in sub-section (2), he shall be entitled to be admitted to bail in, the manner mentioned in the said sub-

section.

(4) It shall be lawful for a Magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful for an Inspector of Police to admit the accused to bail, taking his recognizance and that of his surety or sureties, if any, conditioned for the appearance of the accused at the time and place of hearing and that he will then surrender and take his trial and will not depart the Court without leave.

(5) In every case where a person charged with any bailable indictable offence is committed to prison to take his trial for the same before the Court, it shall be lawful, at any time afterwards and before the first day of the Criminal Session at which he is to be tried or before the day to which such Session is adjourned, for the Magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing Magistrate is of opinion that for any of the offences mentioned in sub-section (2) the accused ought to be admitted to bail, such Magistrate shall, in such case and in every other case of a misdemeanor committed for trial before the Court, certify on the warrant of commitment his consent to the accused being bailed, stating also the amount of bail which ought to be re- quired and whether with a surety or sureties; and it shall be lawful for a Magistrate or his first clerk, or for a Justice of the

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