Chong Siew Fai J:

In Criminal Case No. SSC/1/87 the accused was released "on bail in the sum of RM8,000 in 2 sureties ...".

The 2 sureties Ling Yew Huat and Lau Yioh Hie entered into a bail bond in which they bound themselves jointly and severally to forfeit the sum of RM8,000 in the event of the accused failing to appear in Court.

The accused having failed to turn up in Court on the adjourned date (17 April 1989), notices were issued to the sureties to show cause why the sum should not be paid. In the result, the learned Sessions Court Judge ordered a total sum of RM12,000 to be paid that is in the case of Ling Yew Huat RM8,000 and in the case of Lau Yioh Hie RM4,000.

Ordering the payment of RM12,000 clearly exceeded the amount fixed in the bail bond and was erroneous. The mistake might well have been caused or contributed to by the fact that separate notices each stating the sum of RM8,000 were issued to the 2 sureties and that they appeared and were dealt with in Court on different dates.

Where an accused fails to appear in Court, before ordering payment of full penalty the Court should consider the matter in 2 stages:

1. Has sufficient cause been shown against forfeit