If a foreigner is arrested in India . In such a case can the foreigner give cash as a security for his release and if so any case laws on this point ?
2 Replies
bvyas18 Dec 2009, 05:21
Dear Sirs/Madam
1 Our learned friend Bhavani has indeeed raised a complex point and usually there is not any sraightfoirward answer .
2 Having said that it would appear that the Lawyer representing the foreigner may well as a Professional coutesey and by way of diplomatic protocal may inform the embassy of the foreigner giving them the full details of the offence for which the foreigner may have been arrested and charged for the offence and thus involving the embassy and enabling the Lawyer to take seperate instructions from them as well .
3 In majority of the cases the embassy will render or extend the consular assistance to the accused and some time providing the necessary surities or the amount fixed for bail on the assumption that the offence is Bailable
4 Furthermore , as all our learned friends will know the Highcourt has power to determine and stipulate certain conditions which in the opinion of the Hounarable court will be just and appropriate having regard to all the circumstances of the case befor their Lordship which may require to hand over the passport opf the forigner , custody or reporting to the police station and so on .
5 It is my humble view that it is most unlikely and particularly (in view of the money laundering awareness ) the court will be inclined to accept cash as a security but again this will depend upon the merits of the case before of the Honourable court.
Kind Regards and Best Wishes
Bhupendra K VYAS
Solicitor of the Supreme Court
L;ondon
p s The views/opinion expressed by the writer are excliusively his own and not of his firm or any one else .
bhavani18 Dec 2009, 21:13
I sincerely thank all for their response to my queries .It not only enlightened me but it has given me the idea to deal with issues differently
2 Replies
Dear Sirs/Madam
1 Our learned friend Bhavani has indeeed raised a complex point and usually there is not any sraightfoirward answer .
2 Having said that it would appear that the Lawyer representing the foreigner may well as a Professional coutesey and by way of diplomatic protocal may inform the embassy of the foreigner giving them the full details of the offence for which the foreigner may have been arrested and charged for the offence and thus involving the embassy and enabling the Lawyer to take seperate instructions from them as well .
3 In majority of the cases the embassy will render or extend the consular assistance to the accused and some time providing the necessary surities or the amount fixed for bail on the assumption that the offence is Bailable
4 Furthermore , as all our learned friends will know the Highcourt has power to determine and stipulate certain conditions which in the opinion of the Hounarable court will be just and appropriate having regard to all the circumstances of the case befor their Lordship which may require to hand over the passport opf the forigner , custody or reporting to the police station and so on .
5 It is my humble view that it is most unlikely and particularly (in view of the money laundering awareness ) the court will be inclined to accept cash as a security but again this will depend upon the merits of the case before of the Honourable court.
Kind Regards and Best Wishes
Bhupendra K VYAS
Solicitor of the Supreme Court
L;ondon
p s The views/opinion expressed by the writer are excliusively his own and not of his firm or any one else .
I sincerely thank all for their response to my queries .It not only enlightened me but it has given me the idea to deal with issues differently