Bail Due to Corona Virus | News
Bail Due to Corona Virus | News
Organisation March 30, 2020 236
Coronavirus Lockdown: Kerala High Court grants bail to undertrials
In order to decongest prisons in view of Covid-19, the Kerala high court on Monday granted bail to all undertrial and remand prisoners facing charges of offences with imprisonment up to 7 years.
The interim bail will be in force until the lockdown ordered by the central government continues, the court said. A full bench comprising justices CK Abdul Rehim, CT Ravikumar and Raja Vijayaraghavan V issued the directive as part of making provision for lower courts to functions so as to address issues of personal liberty and to decongest prisons.
However, the court has also made it clear that its order to grant interim bail to prisoners is not applicable to those having any antecedent or previous conviction or involvement in similar cases or are habitual offenders. Bails won’t be granted to undertrial prisoners involved in more than one case, the court said.
As per the order, interim bail will be granted to all undertrial or remand prisoners kept in custody in jails within state against whom accusation is for any offence for which penalty is up to 7 years, with or without fine. The superintendent of the jail concerned should release prisoners granted interim bail on furnishing a declaration containing their residential address and phone number of the prisoner and any responsible family member.
Additionally, the prisoner should furnish a bond without sureties to appear before the authorities when demanded, the court directed. Prisoners released on interim bail are required to report to local police station immediately on reaching their place of residence. Intimation of release of prisoners should be given to the police stations within the limits of which they reside, the court said.
At the time of release, the prisoners should undertake to maintain social distancing directed as part of the lockdown and that they will remain in the declared place of residence, totally avoiding any type of travel or exposure to public life, it has been directed.
When the interim bail expires on April 30th or if the lockdown is lifted earlier than that, the prisoner should appear before the jurisdictional court, which will decide on releasing the prisoner on bail or grant further custody, the high court said. If any of the conditions imposed for granting interim bail is violated by the prisoner, they are liable to be arrested for violation of public order, the court said.
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