KA Ramu said the primary aim of bail was to ensure the accused and his bailor were present in court so that the trial could proceed smoothly.
“Imposing a hefty amount defeats the purpose of bail and the accused will be seen as being punished even before he is found guilty,” he said.
Ramu said this in response to a Penang-based computer technician who was slapped with a RM10,000 bail after he claimed trial for riding his motorcycle under the influence of alcohol.
Prosecuting officer Erma Yanti Abdul Rahim suggested bail at RM8,000 while Saw Yen Yew’s lawyer, Mohd Ismail Mohamed, pleaded for a lower bail.
Magistrate Rosnee Mohd Radzuan set bail of RM10,000 in one surety.
The amended Road Transport Act, which came into force last Friday, carries a maximum fine of RM30,000 and two years’ jail and revocation of driving licences for a minimum of two years.
Previously, it was a fine of between RM1,000 and RM6,000 and a maximum 12 months’ jail.
On Monday, Johor Bahru magistrate Nur Asidah A Rahman imposed RM13,000 bail on a man facing a similar charge.
It is unclear if the accused in both these cases posted their bail.
Ramu said they could file a review or appeal against the bail amount, which was quite hefty.
“Magistrates should also be aware that there are case laws that forbid them from imposing bail that could be seen as ‘oppressive’ on the accused,” he added.
Lawyer Jayaseelan Anthony said magistrates should also be mindful that accused persons would have to spend time in jail now when prisons were also under quarantine due to the Covid-19 pandemic.
He said the court could order a lower bail amount but impose other conditions on the accused like impounding the passport and reporting to the nearest police station occasionally.
Lawyer T Vijayandran said the court could also order the accused to remain indoors during certain times every day, and restrain him from moving around within his locality.
“The Criminal Procedure Code also allows the court to offer bail on a personal bond by the accused.”
He said in extreme cases, the law also allowed an electronic monitoring device to be attached on the accused to track his movements.