57.
| (1) When a Magistrate proposes to act under the preceding section, he shall cause the person in relation to whom the inquiry is to be held to appear in court. |
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| (2) When such person appears in court, the Magistrate shall proceed to inquire into the truth of the information upon which he has acted and to take such further evidence as may appear necessary. The inquiry shall be held as nearly as may be practicable in the manner prescribed for the conduct of trials. For the purpose of this section, the fact that a person is a habitual offender may be proved by evidence of general repute. |
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| (3) Before commencing the inquiry, the Magistrate may order such person to execute a bond for keeping the peace or for maintaining good behaviour, as in the case may be, pending the termination of the inquiry. No appeal shall lie against any order made under this subsection. |
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| (4) If upon inquiry it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that such person should execute a bond, the Magistrate shall make an entry on the record to that effect and if such person is in custody only for the purposes of the inquiry skill release him, or if such person is not in custody shall discharge him. |
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| (5) If upon inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be that such person should execute a bond, the Magistrate shall make order accordingly. |
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| (6) The amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive, and when such person is a minor the bond shall be executed only by his sureties. The court may in any case allow time for furnishing the security. |
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| (7) At the time of making an order requiring security, the court may direct that until such security is furnished such person shall be detained in prison: |
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| (8) The bond to be executed by such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission, the attempted commission or the abetment of any offence punishable with imprisonment, wherever it may be committed, shall be deemed to be a breach of the bond. |
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| (9) A surety may at any time apply to court for the cancellation of the bond. Thereupon the Magistrate shall cause the person for whom such surety is bound, to appear in court, and when such person so appears, the Magistrate shall cancel the bond and shall order such person to give fresh security for the unexpired portion of the term of such bond. Every such order shall have the same effect as the original order. |
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Sri Lanka Consolidated Acts