This story is from October 19, 2014

Local AIADMK leader’s wife gives surety for Jaya

Eight locals offered bonds of Rs 1 crore each and provided surety for former Tamil Nadu chief minister J Jayalalithaa and her three associates, who were granted interim bail by the Supreme Court on Friday in the disproportionate assets case.
Local AIADMK leader’s wife gives surety for Jaya
BANGALORE: Eight locals offered bonds of Rs 1 crore each and provided surety for former Tamil Nadu chief minister J Jayalalithaa and her three associates, who were granted interim bail by the Supreme Court on Friday in the disproportionate assets case.
The eight persons submitted property documents — including that of land and buildings — in support of the sureties (two each per convict).
It’s a general practice that surety is provided by people residing in the jurisdiction of the court.
Interestingly, VA Pugazhendi, Karnataka state secretary of AIADMK, furnished Rs 1 crore bond in respect of surety for J Elavarasi, the fourth accused. Pugazhendi’s wife P Gunajyothi along with one J Bharath provided surety for Jayalaithaa, the first accused.
During the 30-minute proceedings, special judge John Michael Cunha enquired each of the eight persons whether they knew the convicts for whom they were providing surety. The judge reminded the sureties it is their responsibility to ensure the convicts appear in court whenever directed and they will be in trouble if the convicts fail to do so.
Lokesh and Anbammal, who provided surety for V N Sudhakaran, told the court he was their family friend and they knew him well.
Later, the judge issued a release order and directed that all papers concerning the case, including property documents submitted by the eight persons, be transferred to the Karnataka high court where the criminal appeals of the four convicts are pending.
What is a surety?
It refers to a person agreeing to pay a specific amount of money if the accused fails to attend court on the date specified in the bail. It finds mention in section 441 of the criminal procedure code (CrPc).
Before agreeing to be a surety, one needs to be sure that the accused will appear before court when directed to do so. If the accused fails to attend court the surety will be required to forfeit the money specified in the undertaking.
The surety has to show that he/she has sufficient assets to cover the amount of the undertaking. The assets must be worth more than the amount he/she would have to pay if the accused does not attend court. The assets are calculated after taking away any debts or liabilities. One can submit title deeds, mortgage papers, bank statements in support of the assets.
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