MISS KEMISSARA SANGCHANTHUEK

MISS KEMISSARA SANGCHANTHUEK

Because the offence alleged is a bailable offence and the accused could not be expected to understand the charge without a Thai interpreter, the court lawfully granted bail pending interpreter attendance and declined to impose surrender of the passport as a condition since that would add a condition inconsistent with the accused's statutory right to bail for a bailable offence.

Citation
JE-85-16-06/2025 (Mahkamah Majistret)
Parties
Prosecutor: Puan Amirah binti Sapian; Accused: Miss Kemissara Sangchanthuek
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 June 2025
Case Number
JE-85-16-06/2025 (Mahkamah Majistret)
Procedural Posture
Saman Jenayah (am) / Criminal Summons / Bail Hearing (mention Pending Thai Interpreter)
Outcome
Bail granted to accused pending attendance of Thai interpreter; passport not surrendered to court.
Legal Topics
Interpreter Rights and Language of Charge (s.173 Cpc), Bail Entitlement and Conditions (s.387 Cpc), Surrender of Passport as Bail Condition, Bailable Vs Non Bailable Offences, Considerations for Grant of Bail (yusof Factors)
Source Language
Malay/English
Criminal Law Criminal Procedure Immigration Law Administrative Law Interpreter Rights and Language of Charge (s.173 Cpc) Bail Entitlement and Conditions (s.387 Cpc) Surrender of Passport as Bail Condition Bailable Vs Non Bailable Offences +1 more

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Parties

Puan Amirah binti Sapian

Prosecutor

Miss Kemissara Sangchanthuek

Accused

Procedural Posture

Saman Jenayah (am) / Criminal Summons / Bail Hearing (mention Pending Thai Interpreter)

Legal Issues

  1. 1 Whether bail may be granted before the charge is read, explained and understood due to absence of an interpreter
  2. 2 Whether the court may order surrender of the accused's passport as a condition of bail when the offence is bailable
  3. 3 Whether a foreign national may be denied bail on account of nationality

Ratio Decidendi

Because the offence alleged is a bailable offence and the accused could not be expected to understand the charge without a Thai interpreter, the court lawfully granted bail pending interpreter attendance and declined to impose surrender of the passport as a condition since that would add a condition inconsistent with the accused's statutory right to bail for a bailable offence.

Court Disposition

Bail granted to accused pending attendance of Thai interpreter; passport not surrendered to court.

Orders

  • Accused granted bail in the sum of RM1000.00 with two (2) Malaysian sureties.
  • Accused's passport shall not be surrendered to the Court.