A Philippine Legal Article

Introduction

In the Philippines, bail is a common concern for an accused person and their family. When a criminal complaint is filed, the accused may be arrested or required to post bail so they can remain free while the case is pending. But what happens if the complainant and accused later settle, and the criminal case is dismissed? Is the bail money returned?

The general answer is: yes, bail may be refundable after the criminal case is dismissed, but the refund depends on the type of bail posted, compliance with court requirements, and whether the bail has been forfeited or applied to unpaid obligations.

Settlement alone does not automatically return bail. The key event is usually the termination or dismissal of the case and the discharge or cancellation of the bail bond by the court.

This article explains the rules, process, practical issues, and common misconceptions in the Philippine context.

What Is Bail?

Bail is the security given for the temporary release of a person in custody or facing criminal charges. Its purpose is to ensure that the accused will appear in court whenever required.

Bail is not a penalty. It is not a payment to the complainant. It is not a settlement amount. It is not a fine unless the court later orders otherwise in a proper judgment.

In simple terms, bail is a guarantee: the accused is allowed liberty while the case is pending, but must obey court orders and attend hearings.

Legal Basis of Bail in the Philippines

The right to bail is recognized under the 1987 Philippine Constitution and the Rules of Criminal Procedure.

As a rule, persons charged with offenses are entitled to bail before conviction, except those charged with offenses punishable by reclusion perpetua, life imprisonment, or death when evidence of guilt is strong.

Bail may be posted in several forms, including:

Cash bail
Corporate surety bond
Property bond
Recognizance, in proper cases

Whether bail is refundable depends heavily on which of these forms was used.

Types of Bail and Refundability

1. Cash Bail

Cash bail is money deposited with the court. This is the type most people think of when they ask whether bail is refundable.

If the case is dismissed, terminated, or the accused is acquitted, the cash bail is generally refundable to the person who posted it, subject to court approval and accounting procedures.

However, the refund is not always immediate. The accused or depositor usually needs to file a motion or request for the release or refund of the cash bond.

The refund may also be affected by unpaid court obligations, fines, costs, or a prior order of forfeiture.

2. Surety Bond

A surety bond is usually obtained from an accredited bonding company. The accused pays a premium to the bonding company, and the company guarantees the accused’s appearance in court.

In this arrangement, the amount stated in the bond is not usually deposited by the accused with the court. The accused typically pays only the premium and related fees.

When the case is dismissed, the surety bond may be cancelled or discharged, but the premium paid to the bonding company is usually not refundable. The premium is the cost of the service provided by the surety company.

So, if the accused posted a surety bond, there may be little or no money to refund from the court.

3. Property Bond

A property bond uses real property as security for bail. The court may require documents showing ownership, tax declarations, assessed value, encumbrances, and other proof.

When the case is dismissed and the bond is discharged, the lien or encumbrance related to the bail may be cancelled.

There is usually no “cash refund” unless cash was also deposited. The practical relief is the release of the property from the bond.

4. Recognizance

Recognizance is a form of release based on the undertaking of a qualified person or entity, rather than payment of money. This is allowed in certain cases, often involving indigent accused or specific statutory situations.

Because no bail money is deposited, there is usually nothing to refund. The obligation is simply discharged when the case ends or when the court orders the release of the recognizance.

Is Bail Refundable After Dismissal of the Criminal Case?

General Rule

If the accused complied with the conditions of bail and the case is dismissed, cash bail is generally refundable.

The bail bond is usually cancelled upon:

acquittal of the accused;
dismissal of the case;
termination of the criminal action;
surrender of the accused into custody, in some situations;
death of the accused;
other lawful grounds recognized by the court.

Once the bail is cancelled or discharged, the money deposited may be released to the proper person, usually the depositor or authorized representative.

Settlement Does Not Automatically Dismiss a Criminal Case

A very important point in Philippine criminal law is that settlement between the complainant and the accused does not automatically terminate a criminal case.

A criminal case is not purely a private dispute. Once a crime is charged in court, the case is generally prosecuted in the name of the People of the Philippines. The complainant is a witness and private offended party, but the State has an interest in prosecution.

Therefore, even if the parties settle, the case may continue unless the court dismisses it or the prosecution moves for dismissal and the court grants it.

What Is the Effect of Settlement?

Settlement may affect the case in different ways depending on the offense.

For some offenses, especially those involving private rights or property damage, settlement may encourage the complainant to execute an affidavit of desistance or to lose interest in pursuing the case.

But settlement does not always bind the prosecutor or the court.

The court may still proceed if there is enough evidence, especially in crimes involving public interest, violence, fraud, abuse, public order, or offenses where the State has a strong interest in prosecution.

When Does Bail Become Refundable?

Bail generally becomes refundable only after the court issues an order that effectively ends the accused’s obligation under the bond.

This may happen when the court issues an order:

dismissing the criminal case;
acquitting the accused;
cancelling the bail bond;
discharging the bond;
releasing the cash bond;
archiving or otherwise disposing of the case in a way that includes cancellation of bail, depending on the circumstances.

The safest route is to obtain a specific court order stating that the cash bond is released or that the bail is cancelled.

Bail Is Not Refunded Merely Because the Complainant Was Paid

A settlement payment and bail are separate matters.

For example, suppose an accused in an estafa, theft, malicious mischief, or physical injuries case posts cash bail of ₱24,000. Later, the accused pays the complainant ₱50,000 under a settlement agreement. The complainant signs an affidavit of desistance, and the prosecutor no longer objects to dismissal.

The ₱50,000 settlement goes to the complainant. The ₱24,000 bail remains with the court until the court orders its release.

The accused cannot assume that the complainant’s settlement automatically includes the bail unless the settlement agreement clearly says so and the proper court process is followed.

Who May Claim the Bail Refund?

Usually, the person entitled to claim the refund is the depositor of the cash bail.

This may be:

the accused;
a family member;
a friend;
an employer;
another person who deposited the cash bond.

The official receipt matters. Courts commonly require proof of deposit, such as the original official receipt or a certified copy.

If the depositor is not the accused, the court may require the depositor’s participation, authorization, or identification before releasing the money.

If the depositor has died, heirs or representatives may need to submit additional documents.

Common Requirements for Bail Refund

Requirements vary by court, but commonly include:

motion to release cash bond or motion to cancel bail;
copy of the order dismissing the case or acquitting the accused;
original official receipt for the cash bond;
valid identification documents;
authorization or special power of attorney if someone else will claim the refund;
court clearance or accounting clearance;
proof that the case is final or that no further proceedings require the bond;
other documents required by the branch clerk of court or office of the clerk of court.

Some courts may process the release administratively after a proper order, while others require a written motion.

Basic Procedure to Get a Cash Bail Refund

Step 1: Confirm That the Case Has Been Dismissed

The first step is to obtain a copy of the court order dismissing the case or otherwise terminating the proceedings.

An affidavit of desistance or settlement agreement alone is not enough. There must be a court order.

Step 2: Check Whether the Bail Was Cash, Surety, Property, or Recognizance

The refund process depends on the kind of bail posted.

If it was cash bail, there may be money to refund.

If it was a surety bond, the court may cancel the bond, but the premium paid to the bonding company is usually not returned.

If it was a property bond, the property may be released from the bond.

Step 3: Prepare a Motion or Request for Release of Cash Bond

The accused or depositor may file a motion asking the court to release the cash bond.

The motion should usually state:

the case title and docket number;
the amount of bail posted;
the date bail was posted;
the official receipt number, if available;
the name of the depositor;
the fact that the case has been dismissed or terminated;
a prayer that the cash bond be released to the depositor.

Step 4: Attach Supporting Documents

Useful attachments include:

official receipt for the cash bond;
order of dismissal or acquittal;
valid ID of the depositor;
authorization or SPA if a representative will claim;
proof of relationship or authority, if needed.

Step 5: Wait for the Court Order

The court will issue an order granting or denying the release.

If granted, the order may direct the office holding the funds to release the amount to the depositor or authorized claimant.

Step 6: Claim the Refund From the Proper Court Office

The refund is usually claimed through the Office of the Clerk of Court or the court’s financial section, depending on local court practice.

Processing time varies. Delays may happen because of accounting checks, missing receipts, old records, archived cases, or administrative requirements.

Can Bail Be Refused Refund Despite Dismissal?

Yes. Bail may not be refunded, or may be delayed, in several situations.

1. Bail Was Forfeited

If the accused failed to appear in court when required, the court may have ordered the bail forfeited.

Forfeiture means the bond may be confiscated because the accused violated the conditions of bail.

If bail was already forfeited and judgment against the bond became final, getting it back may be difficult or impossible unless the forfeiture is lifted or set aside by the court.

2. The Accused Failed to Comply With Conditions of Bail

Bail requires the accused to appear at hearings, obey court orders, and remain available to the court.

If the accused jumped bail, ignored notices, changed address without notice, or violated bond conditions, the court may refuse immediate release of the bail.

3. The Case Is Not Actually Dismissed

Sometimes parties believe the case is “settled,” but there is no court dismissal yet.

Until the court acts, the case remains pending. Bail remains in force.

4. The Case Was Archived, Not Dismissed

Archiving is not always the same as dismissal. A case may be archived because the accused cannot be located, a warrant remains unserved, or proceedings are temporarily suspended.

If the case is only archived and not dismissed, bail may not automatically be refundable.

5. There Are Pending Incidents or Related Orders

A case may have pending motions, civil liability issues, costs, or other incidents. The court may require these to be resolved first.

6. The Bail Was Not Cash Bail

If the accused used a surety bond, there may be no court-held cash to refund. The bonding company’s premium is usually treated as a fee for the bond and is generally not returned.

7. The Official Receipt or Deposit Records Are Missing

Refund may be delayed if the depositor cannot produce the original receipt or if the court needs to verify old records.

This does not necessarily mean the refund is impossible, but additional affidavits, certifications, or court clearances may be required.

Bail Forfeiture Explained

Bail may be forfeited when the accused fails to appear in court despite notice.

The usual process is:

The accused is required to appear.
The accused fails to appear.
The court orders the bond forfeited.
The bondsman or depositor may be given a period to produce the accused and explain the absence.
If the explanation is insufficient, the court may enter judgment against the bond.

If the accused later appears and gives a valid explanation, the court may sometimes lift the forfeiture or reduce liability, depending on the circumstances and stage of proceedings.

However, once bail has been finally forfeited, dismissal of the case later does not automatically guarantee refund.

Effect of Affidavit of Desistance on Bail

An affidavit of desistance is a sworn statement by the complainant saying they are no longer interested in pursuing the case.

It may support a motion to dismiss, but it does not automatically end the case.

Philippine courts generally treat affidavits of desistance with caution because they may be influenced by pressure, compromise, payment, fear, or private arrangements.

If the court dismisses the case because of the affidavit of desistance and other circumstances, the accused may then seek cancellation and release of bail.

But until dismissal is ordered, the bail remains active.

Crimes Where Settlement May Matter More

Settlement may have stronger practical effect in some cases involving private interests, such as:

slight physical injuries;
unjust vexation;
malicious mischief;
some property-related disputes;
civil liability arising from criminal acts;
bouncing checks cases, depending on circumstances;
estafa or theft, though settlement does not automatically extinguish criminal liability.

Still, even in these cases, court approval is needed once the case is already filed in court.

Crimes Where Settlement May Not End the Case

Settlement is less likely to automatically result in dismissal in cases involving:

violence against women and children;
child abuse;
rape or sexual offenses;
drug cases;
illegal possession of firearms;
serious physical injuries;
homicide or murder;
public corruption;
crimes against public order;
offenses involving strong public interest.

For these cases, even if the private complainant forgives the accused, the State may still prosecute.

Does Settlement Extinguish Criminal Liability?

As a general principle, criminal liability is not extinguished by settlement, except in specific situations recognized by law.

Payment or compromise may affect the civil aspect of the case. It may also affect the willingness of the complainant to testify. But it does not automatically erase the crime.

For certain private crimes or offenses requiring a complaint by the offended party, pardon, forgiveness, or lack of complaint may have special legal consequences. But for most criminal cases, settlement alone does not extinguish criminal liability.

What Happens to Bail After Acquittal?

If the accused is acquitted after trial, the bail is generally cancelled. If cash bail was deposited, it may be refunded to the depositor, subject to court procedures.

An acquittal usually ends the criminal case, although there may be specific issues involving civil liability depending on the judgment. The accused or depositor should still request release of the cash bond if it is not automatically processed.

What Happens to Bail After Conviction?

If the accused is convicted, bail treatment depends on the stage and circumstances.

If the accused was on bail during trial and is convicted, the court may order the accused to serve sentence, cancel bail, or apply rules on bail pending appeal.

If the penalty imposed allows bail pending appeal, bail may continue or new bail may be required.

If the judgment becomes final and the accused must serve sentence or pay fines/costs, the cash bond may be subject to court orders. It may not simply be released without addressing the judgment.

May the Court Apply Bail to Fines, Costs, or Civil Liability?

Cash bail is primarily security for appearance, not automatic payment for fines or damages.

However, depending on the court’s orders and applicable rules, amounts deposited with the court may sometimes be subject to claims, deductions, or application to lawful obligations.

The depositor should not assume full release until the court accounting and orders are complete.

If the depositor is a third person, that person may argue that the bail belongs to them and should not be used for the accused’s personal obligations without legal basis. This is one reason the identity of the depositor and the wording of the receipt matter.

Is Bail Refundable if the Case Is Dismissed at the Prosecutor Level?

If the case is dismissed during preliminary investigation and no criminal case has yet been filed in court, bail may not have been posted in court at all.

But there are situations where a person posts bail before or after inquest, or in anticipation of the filing of a case.

If money was deposited with a court and the case is not filed or is dismissed before arraignment, the depositor may seek release of the cash bond from the court where it was deposited.

The process still requires proof of dismissal or non-filing and a proper court order or administrative clearance.

Is Bail Refundable if the Case Is Dismissed After Arraignment?

Yes, if the accused complied with bail conditions and the court dismisses the case after arraignment, cash bail is generally refundable.

However, dismissal after arraignment has special criminal procedure consequences because jeopardy may attach. The court may be more careful before granting dismissal, especially if the prosecution seeks dismissal based on settlement or desistance.

Once dismissal is final and the bail is discharged, refund may be requested.

Is Bail Refundable if the Case Is Provisionally Dismissed?

A provisional dismissal is not always the same as a final dismissal.

If a case is provisionally dismissed, it may be revived within the period allowed by the rules, depending on the offense and circumstances.

Whether bail is refundable after provisional dismissal depends on the court’s order. If the order cancels the bail and releases the bond, refund may be possible. If the court keeps the bond active because the case may be revived, refund may be delayed.

The wording of the dismissal order is important.

Is Bail Refundable if the Case Is Dismissed Without Prejudice?

A dismissal “without prejudice” means the case may potentially be refiled, depending on the reason and legal circumstances.

The court may still order the cancellation of bail in the dismissed case. If cash bail was posted, it may be refundable for that case.

However, if a new case is filed later, new bail may be required.

Is Bail Refundable if the Case Is Dismissed With Prejudice?

A dismissal “with prejudice” is stronger because it generally bars refiling of the same case.

In that situation, the basis for keeping bail usually disappears. Cash bail should generally be refundable, subject to the usual requirements and absence of forfeiture or other lawful deductions.

Is Bail Refundable if the Complainant Does Not Attend Hearings?

If the complainant repeatedly fails to appear and the case is dismissed, cash bail may be refunded after the court cancels or releases the bond.

However, the accused should not stop attending hearings merely because the complainant is absent. Until the case is dismissed, the accused must continue complying with bail conditions.

Failure of the accused to appear may lead to forfeiture of bail even if the complainant is also absent.

Is Bail Refundable if the Accused Did Not Attend the Last Hearing?

This depends on what the court ordered.

If the accused failed to appear and the court forfeited the bail, refund may be denied or delayed.

If the absence was excused, or the court did not require appearance, or counsel appeared and the case was dismissed without bond forfeiture, refund may still be possible.

The court record must be checked.

Bail and Settlement in Bouncing Checks Cases

In bouncing checks cases, settlement or payment of the check amount may be relevant, but it does not always automatically erase criminal liability.

If the criminal case is dismissed after payment or settlement, the accused may request release of cash bail.

If a surety bond was used, the bond may be cancelled, but the premium is usually not refunded.

Bail and Settlement in Estafa Cases

In estafa, payment of the amount complained of may affect civil liability and may influence the complainant’s position, but it does not necessarily extinguish criminal liability.

If the prosecutor or court proceeds despite settlement, bail remains in effect.

If the court dismisses the estafa case and cancels bail, cash bail may be refunded.

Bail and Settlement in Physical Injuries Cases

In physical injuries cases, settlement may sometimes lead to desistance or dismissal, especially in less serious cases.

But where the offense is serious, involves public interest, or falls under special laws such as violence against women and children or child abuse, settlement may not stop the case.

Cash bail becomes refundable only after court dismissal and cancellation of the bond.

Bail and Settlement in VAWC Cases

In cases involving violence against women and their children, settlement or forgiveness by the complainant does not automatically terminate the criminal case.

These cases involve public policy concerns. Courts and prosecutors may continue even if the complainant executes an affidavit of desistance.

If the case is eventually dismissed by the court, cash bail may be released, but only after the court order and proper motion or request.

Bail and Settlement in Drug Cases

Settlement has no ordinary role in drug prosecutions. Drug cases are offenses against the State and public welfare.

If a drug case is dismissed because of insufficient evidence, illegal arrest, chain of custody issues, or other legal grounds, cash bail may be refunded if bail was allowed and posted, subject to court order.

But settlement with a private person does not control the case.

Can the Accused Personally Claim the Bail if Someone Else Paid It?

Not automatically.

If the official receipt is in another person’s name, that person may be treated as the depositor. The court may release the money only to that depositor or to a duly authorized representative.

If the accused wants to claim bail posted by a relative or friend, the court may require a written authorization or special power of attorney.

What if the Official Receipt Is Lost?

A lost official receipt may delay the refund but does not always defeat the claim.

The depositor may need to submit:

affidavit of loss;
valid IDs;
proof of payment;
certification from the court cashier or clerk;
copy of the bail bond documents;
other records confirming the deposit.

The court may impose additional safeguards to prevent double claims.

How Long Does Bail Refund Take?

There is no single fixed timeline for all courts.

Processing may depend on:

how quickly the court issues the release order;
whether the order is final;
availability of records;
completeness of documents;
age of the case;
accounting procedures;
whether the original receipt is available;
whether the depositor personally appears;
workload of the court staff.

Some refunds may be processed relatively quickly after the order. Others may take weeks or longer, especially for old cases or incomplete records.

Can the Bail Refund Be Waived in the Settlement Agreement?

The parties may agree between themselves about who ultimately benefits from the bail money, but the court is not automatically bound to release bail to someone other than the depositor.

For example, a settlement agreement may state that the accused authorizes the bail refund to be applied to the complainant. But the court may still require proper motions, proof of authority, and compliance with accounting rules.

If the depositor is not the accused, the accused may not have the right to waive the depositor’s claim without the depositor’s consent.

Can the Complainant Claim the Accused’s Bail?

Generally, no.

The complainant is not automatically entitled to the accused’s bail. Bail is not compensation for the complainant. It is security for the accused’s appearance.

The complainant may receive payment through settlement, restitution, or civil liability, but not by simply claiming the bail deposit.

Any transfer or application of bail money to the complainant would require legal basis, consent of the rightful depositor, or a proper court order.

What if the Accused Has Multiple Cases?

If the accused has several criminal cases, each case may have a separate bail bond.

Dismissal of one case does not automatically release bail in another case.

If a single cash bond was accepted for multiple cases, the court must determine whether all covered cases have been terminated or whether the bond remains needed for pending cases.

What if the Case Was Dismissed in the MTC but Appealed?

In criminal cases, procedural posture matters. If a case is dismissed and the prosecution has a remedy that may keep the proceedings alive, the court may be cautious in releasing bail until finality or until the court specifically orders release.

If the dismissal has become final or the court orders cancellation of bail, cash bail may be refunded.

What if the Accused Was Arrested on a Warrant but the Case Was Later Dismissed?

If the accused posted cash bail after arrest and the case was later dismissed, the accused or depositor may request the release of the cash bond.

The arrest itself does not prevent refund. The important questions are whether the accused complied with court orders and whether the bail was forfeited.

What if the Accused Posted Bail Before the Warrant Was Served?

An accused may sometimes voluntarily post bail after learning of a warrant or pending case. If the case is later dismissed, the same principles apply.

Cash bail may be refunded after dismissal and cancellation of the bond.

What if the Accused Jumped Bail but Later Settled the Case?

Settlement does not automatically cure jumping bail.

If the accused failed to appear and bail was forfeited, the court may deny refund even if the complainant later settles.

The accused may need to move to lift the forfeiture, explain the absence, submit to the court’s jurisdiction, and comply with any conditions imposed.

Practical Draft: Motion to Release Cash Bond

Below is a simplified sample structure. It must be adapted to the facts of the case.

Republic of the Philippines [Name of Court] [Branch] [City]

PEOPLE OF THE PHILIPPINES, Plaintiff, -versus- [Name of Accused], Accused.

Criminal Case No. ______ For: ______

MOTION TO RELEASE CASH BOND

Accused, through counsel, respectfully states:

Accused posted cash bail in the amount of ₱______ under Official Receipt No. ______ dated ______.
On ______, this Honorable Court issued an Order dismissing the above-captioned case.
The accused has complied with the conditions of bail and the cash bond has not been forfeited.
In view of the dismissal of the case, there is no further reason to retain the cash bond.

WHEREFORE, premises considered, accused respectfully prays that the cash bond in the amount of ₱______ be ordered released to [name of depositor], the person who posted the same.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted.

Practical Checklist for Claiming Bail Refund

Before going to court, prepare:

copy of the dismissal order;
original official receipt;
valid government ID;
case number and branch number;
name of accused;
name of depositor;
authorization or SPA if claiming for someone else;
affidavit of loss if receipt is missing;
copy of settlement agreement or affidavit of desistance, if relevant;
contact details for court notices.

Common Mistakes to Avoid

Mistake 1: Thinking Settlement Automatically Refunds Bail

Settlement and bail refund are separate. The court must dismiss the case and release or cancel the bond.

Mistake 2: Not Attending Hearings After Settlement

Until the case is dismissed, the accused must continue attending hearings unless excused by the court.

Mistake 3: Assuming Surety Bond Premiums Are Refundable

Premiums paid to bonding companies are usually not refundable because they are service fees.

Mistake 4: Losing the Official Receipt

The original receipt is important. Losing it can delay the refund.

Mistake 5: Letting the Wrong Person Claim the Refund

The depositor, not always the accused, is usually the proper claimant.

Mistake 6: Ignoring Bail Forfeiture Orders

If bail was forfeited, refund may be blocked unless the forfeiture is lifted.

Frequently Asked Questions

Is bail automatically returned when the case is dismissed?

No. Cash bail is generally refundable after dismissal, but the depositor usually needs a court order or court-approved request for release.

Is bail refundable if the accused and complainant settle?

Settlement alone does not make bail refundable. Bail becomes refundable when the court dismisses or terminates the case and cancels or releases the bond.

Is the surety bond premium refundable?

Usually, no. The premium paid to the bonding company is generally a non-refundable fee.

Can the complainant get the bail money?

Generally, no. Bail is not compensation for the complainant. It belongs to the depositor unless lawfully applied otherwise.

What if the accused missed a hearing?

If bail was forfeited because the accused failed to appear, refund may be denied unless the court lifts or sets aside the forfeiture.

Who should file the motion for refund?

The accused, counsel, depositor, or authorized representative may seek release, depending on court practice and who posted the cash bond.

Can bail be refunded without the original receipt?

Possibly, but the court may require an affidavit of loss, identification, certifications, and additional verification.

Does dismissal without prejudice allow refund?

Often yes, if the court cancels the bail for that case. But if the court keeps the bond active or the case may be revived, release may be delayed.

Does provisional dismissal allow refund?

It depends on the court order. The court may release the bail or keep it pending possible revival.

Can bail be used as part of settlement?

Only with proper legal basis, consent of the rightful depositor, and court approval where necessary. It is not automatically transferred to the complainant.

Key Takeaways

In the Philippine setting, cash bail is generally refundable if the criminal case is dismissed after settlement, provided that the accused complied with bail conditions and the bond was not forfeited.

But the refund is not caused by the settlement itself. It is caused by the court’s dismissal or termination of the case and the cancellation or discharge of bail.

The most important distinctions are:

Cash bail may be refunded.
Surety bond premiums are usually not refunded.
Property bonds are released from encumbrance rather than refunded.
Recognizance usually involves no money to refund.
Settlement does not automatically dismiss a criminal case.
A court order is usually needed to release the bail.
The depositor is usually the proper person to claim the refund.
Forfeited bail may not be refundable.

Bail is security for court appearance, not payment to the complainant and not a settlement fund. Once the case is legally dismissed and the court releases the bond, the cash deposit may be returned through the proper court process.