Bailable Warrant of Arrest

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Typically, we will not see the definition of Warrant of Arrest in Criminal Procedure Code but it can be defined as the court order under its seal and signature directing the police officer to arrest a particular person for specific reasons and that a particular person cannot be arrested when sureties and bonds are fulfilled.

Form of the Warrant of Arrest and its Duration

Any Warrant of Arrest issued by a court

  • Must be in writing,
  • Signed by the Presiding Officer of the Court
  • Bears the seal of the court
  • Will remain in force until the Court that issued it cancels it or until its execution.

Therefore, just as the issuance of the warrant of arrest by someone is completely a legal action, and  it can be executed by issuing it by the police officer or other police officer, such as the state government deems necessary.

When can Warrant of Arrest be issued?

  • In the course of investigation, the warrant of arrest can be issued.
  • Such warrant can be issued before taking the cognizance of the case.
Power to Direct Security to be taken in cases of bailable warrant.

Any court which issues a warrant for the arrest of a person may, at its discretion, order by endorsement on the warrant only if that person secures bond with sufficient sureties for his appearance in court at a specified time and thereafter until otherwise directed by the court the officer to whom the warrant is directed shall take such surety and releases that person from custody.

It means that when Warrant of Arrest may have been issued, the police may start executing the arrest of warrant but at the same time that there can be a case of releasing the person from the custody of the police officer from arrest, the person may execute a bond with sureties for his attendance before the Court at a specified time that means the court is also giving that particular person against whom the arrest warrant has been issued, an opportunity to be out of the custody of the police, by way of arrest, whereby he executes a bond with sureties for confirming his attendance before the court at a specified time and if such kind of bond is executed, the police need not arrest the person but the Warrant of Arrest will be issued, which means this is Bailable warrant and the person to whom the arrest where it is being issued, is now making himself available  and he’s not making himself available through the police custody, but because he has executed the bond with sufficient sureties, he himself is making a promise to the Court that he will be available for his attendance before the Court, at a specified time.