Risky for Kerala HC to grant all convicts bail citing COVID-19: Experts

Express News Service
KOCHI: Considering the ‘pathetic’ COVID scenario within the state, the High Court has granted bail to a number of jail inmates, together with these convicted for severe crimes like rape of minors, however authorized specialists say the court docket ought to rethink earlier than doing in order such a transfer may put society and lives of residents in danger.

Justice B Kemal Pasha, former decide of Kerala High Court, mentioned that the court docket shouldn’t grant bail to convicts, who have been sentenced for committing heinous crimes, together with POCSO instances.

“It is equal to granting bail to an accused in a case coming under Section 302 (murder) of IPC wherein death or life imprisonment is the punishment prescribed. By merely considering the pandemic situation, the courts have not liberally granted bail to such accused,” he mentioned.

The court docket on May 14 granted bail to a 59-year-old convict, who was sentenced underneath Section 377 (unnatural offences) of IPC and Section 5 (f) (1) (m) of the  Protection of Children from Sexual Offences (POCSO) Act.

In one other attraction, the court docket granted bail to a 49-year-old convict, who was sentenced for the offences underneath Sections 373 and 376 (1) of IPC. The prosecution opposed the plea and submitted that if the petitioners have been launched on bail, it can result in severe penalties. The petitioner’s sentence was suspended and launched on bail for 3 months contemplating the pandemic scenario.

While granting bail to a convict, the court docket noticed that “Every day, about 30,000 people are tested positive for COVID. The state declared a lockdown to curb the virus spread. The government also passed an order to grant parole to eligible inmates of the prisons in the state.”

Justice PV Kunhikrishnan noticed it was true that the allegation in opposition to the petitioner was very severe. The trial court docket discovered him responsible. The court docket identified the Supreme Court had issued numerous instructions for minimising the power of inmates in prisons.

The court docket launched the petitioner on bail imposing stringent circumstances. He ought to furnish his residential tackle and call quantity to the station home officer inside three days from the date of his launch from the jail.

In one other case, whereas releasing a convict within the POCSO case on bail, the identical bench noticed that “life is more important than anything.” The convict had dedicated sexual assault on a 13-year-old lady, who belongs to Scheduled Caste and Scheduled Tribe group.

In the case of parole, the high-powered committee headed by a decide of the Kerala High Court solely really helpful releasing the convicts and remand accused who’re concerned in offences which might be punishable with imprisonment as much as 10 years or much less. The convicts or accused within the offences underneath the POCSO Act are excluded from this.