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Even A Beggar Can Stand As Surety If He Has Acceptable Residential Proof

In Sagayam @ Devasagayam vs State rep. by The Inspector of Police, Chennai, in a significant judgment on bail jurisprudence, the Madras High Court has recently held that demanding production of property documents or RC book or any other document to show proof of property, either movable or immovable, with respect to the bail bond or surety bond amount, is against Article 21 of Constitution of India. Justice P Devadass also held that the person, who is offering surety, must have acceptable residential proof. “He may be a tenant, licensee. A beggar can also stand as surety, provided he should have some acceptable residential proof. A surety should have a genuine address. He may be asked to produce residential proof. He should not be a vagabond. He should establish his identity. A poor man can be a voter. Likewise, a poor man can be a surety. A surety can be a person without having own house. He can be a tenant. Even a person living in a platform, living in a slum having an acceptab...