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Ketan (Finance Consultant)     09 February 2024

How to remove my name as a bail gaurantor ?


There is a case of  my friend where there was some road rage and fights with some crimical charges. I gave bail gaurantee for Rs.10,000/- in that case. Now my friend after 10 years has gone to USA and police is now calling me again and again to find him out. What can I do in this case ? Can I get my name removed from this case ?  or can I get some lawyer to get the case closed ?


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     09 February 2024

Secttion 444 oc cr.p.c.

All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

  • On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
  • On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.


Sanskriti Tiwari   09 February 2024


To address the matter, you could consider approaching the court and filing a petition for discharge or cancellation of your surety. Section 445 of the Code of Criminal Procedure empowers the court to discharge or release a surety under certain conditions protection.

According to this section, a surety can apply to the court for their discharge if they believe that the accused is not likely to appear and the person for whom they stood surety has not complied with the conditions of the bond.

You may inform the police about your friend's relocation to the USA and provide any relevant documentation. Keep records of all interactions with the police for your own protection.

Ketan (Finance Consultant)     25 February 2024

Thanks for your reply Sir, 

But my friend is ready to bear the expenses of getting the case closed. Is there a way that the case can be closed since the case is pending since long and is currently under proclamation stage, since police is not able to find him. The other party is also not interested in pursuing it further.  So what are the options to get the case closed ?

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