JUDGMENT

Sharma J (delivering oral judgment):

I had called for the records of Bruas Magistrate's Court arrest case No. 88 of 1970 Public Prosecutor V. Tanggaah . While going through the records I discovered that one Ramadu s/o Appanah had stood surety to the bond executed by the accused in the said criminal case. The accused failed to appear before the learned Magistrate on the 8 November 1971 and the learned Magistrate issued a warrant of arrest against him. On 13 November 1971 the learned Magistrate issued a notice to the bailor Ramadu requiring him to produce the accused at the Court of the Magistrate, Bruas, on 10 December 1971. The bailer appeared before the learned Magistrate and the record made by the learned Magistrate on that day reads as follows:

'Accused present in Court

Prosecuting Officer: Ibrahim

Accused absent: 25 October 71 - Medical Certificate. 8 November 71

Bailor: not necessary to come to Court not aware of the proceedings.

Order of the Court:

The bailor to pay $50 to the Government of Malaysia for a breach of the bail as there are two consecutive occasions of the bail being jumped.

Accused to get another bailer in the sum of $300'.

Section 443 of the Cr