Dear PAO,

Can an accused of a criminal case file before the court something that would question the legality of the warrant of arrest and/or request to fix the amount of bail even before the accused is actually arrested?

Marc

Dear Marc,

Yes. There is a difference between an application for bail, which requires the prior custody of the accused, and a motion to quash the warrant of arrest and to fix bail, which does not require prior custody of the law.

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