The purpose of taking surety while granting bail to an accused person is also to ensure the presence of the accused in court. So, I feel that there is nothing abnormal if the Magistrate is issuing summons to the surety for ensuring the presence of the accused. It may lead to forfeiture of the bond under Section 446 of the Criminal Procedure Code, and the bond executed by the accused and/or bail-bond executed by the surety can be cancelled under Section 446-A of Cr.P.C., leading to arrest of the accused.
If you are not satisfied by an order passed by the Magistrate in his judicial capacity (such as not issuing an order Section 82 of Cr.P.C.), I think it is advisable to challenge such judicial order before the higher courts by way of appeal or revision or under Section 482 of Cr.P.C., whichever provision is applicable. It may not be desirable to report the matter to the Registrar of the High Court, unless there are specific allegations of corruption or some other serious allegations of irregularity of personal nature.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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