Rupasena and Another v. Hussain Babu and Others – sllr 1997 volume 1 page 379

In RUPASENA AND ANOTHER v. HUSSAIN BABU AND OTHERS, the Court of Appeal addressed whether a High Court Judge possessed the lawful authority to remand sureties for failure to secure the attendance of an accused person when Section 422 of the Criminal Procedure Act did not grant such authority. The petitioners, Rupasena and another, challenged the High Court’s orders remanding them as sureties for non-deposit of bail. Upon review, it was determined that the High Court exceeded its jurisdiction, as the law provides only for issuance of notice to show cause and not for remanding sureties to custody. The orders were set aside, and the petitioners were permitted release upon deposit of the specified bail sums. This decision reaffirmed the principle that judicial authority to detain sureties must