A Full Bench of the Kerala High Court on Monday granted interim bail to all undertrial/remanded prisoners who have been accused of committing offences which are punishable up to 7 years or less with or without fine in view of the countrywide lockdown.
The Bench of Justices C.K. Abdul Rehim, C.T. Ravikumar and Raja Vijayaraghavan passed the directive while modifying its earlier order issued in a suo motu writ petition. The court, however, made it clear that the order would not apply to prisoners with criminal antecedents, previous convictions, in the case of habitual offenders and also with respect to persons undergoing trial or remanded custody in more than one case.
The court also ordered that the interim bail granted shall be limited till April 30, 2020 or till the end of the lockdown period, whichever is earlier. In case the lockdown period is extended beyond April 30, the interim bails granted will continue till such extended period.
The Bench made it clear that on expiry of the period of interim bail, the released prisoners shall appear before the jurisdictional court within three days. On such appearance, the court concerned shall consider their applications for bail and pass appropriate orders, taking note of all circumstances and attendant factors.
Declaration
The court directed the superintendents of the jails concerned to release the prisoners on their furnishing a declaration showing their intended place of residence, their telephone number and the telephone number of any of their family members or relatives, and on executing a self-bond, without sureties, ensuring that they will appear either before the court concerned or before the superintendent as and when required.
The declaration executed by the prisoners should also contain an undertaking to the effect that they will strictly abide by the guidelines issued with respect to social distancing in the wake of the lockdown. They shall also undertake that they will remain in their declared place of residence, totally avoiding any type of travel or exposure to public.
The prisoners released on interim bails shall report to the local police station within their place of residence immediately on reaching its jurisdiction. The jail authorities shall also give due intimation to such police stations with respect to release of the prisoners, the order said.
The court also made it clear that the accused released on interim bails shall be arrested and produced before the jurisdictional court in case of violation of any of the conditions stipulated or in case they are found indulging in any activity endangering law and order or breach of public order and tranquillity, or in any manner intimidating or influencing the witnesses.
