Malaysia legislation
Section 49
Section 49
(2)
Every person arrested under subsection (1) may be released from custody—
(a)
on his depositing such reasonable sum of money as an officer of the Commission may require;
(b)
on his executing a bond, with or without sureties, as an officer of the Commission may require; or
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(c)
on his depositing such reasonable sum of money as an officer of the Commission may require and his executing a bond, with or without sureties, as an officer of the
Commission may require.
(3)
Any person who has been released from custody under subsection (2) may be arrested without warrant by any officer of the Commission—
(a)
if such officer has reasonable grounds for believing that any condition on or subject to which such person was released or otherwise admitted to bail has been or is likely to be broken; or
(b)
on being notified in writing by the surety of such person that such person is likely to break any condition on or subject to which such person was released and that surety wishes to be relieved of his obligation as surety.
(4)
Any person arrested under subsection (3) and is not released shall, without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey)
be produced before a Magistrate’s Court and if it appears to the
Court that any condition on or subject to which such person was released or otherwise admitted to bail has been or is likely to be broken, the Court may—
(a)
remand such person in custody; or
(b)
admit such person to bail on the same conditions or on such other conditions as it thinks fit.
(5)
Where a person who is arrested for an offence under this
Act is serving a sentence of imprisonment or is under detention under any law relating to preventive detention, or is otherwise in lawful custody, he shall, upon an order in writing by an officer of the Commission of the rank of Superintendent or above, be produced before such officer or before any other officer of the
Commission for the purpose of investigation, and for such purpose he may be kept in lawful custody for a period not exceeding fourteen days.
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(6)
A person who is detained in lawful custody under subsection (5)
or otherwise under any other written law may, at any time, be made available to an officer of the Commission for the purpose of investigation, or may be taken to any other place for the purpose of searching the place, or seizing any property, or identifying any person or for any other purpose related to the investigation.
(7)
The period during which a person is under lawful custody under subsection (6) shall count towards the period of his imprisonment, detention or other custody.
(8)
Where a person has been arrested and admitted to bail and the bailor fails to produce him or where the conditions of the bond on which or subject to which a person is released have not been complied with, the Public Prosecutor may apply to a Magistrate’s
Court for an order of forfeiture of the sum of money deposited and the Court shall deal with the application in accordance with section 404 of the Criminal Procedure Code.