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

Justice B Kemal Pasha, former judge of Kerala High Court, said that the court should not grant bail to convicts, who were sentenced for committing heinous crimes, including POCSO cases.
(Image used for representational purposes)
(Image used for representational purposes)

KOCHI: Considering the 'pathetic' COVID situation in the state, the High Court has granted bail to several prison inmates, including those convicted for serious crimes like rape of minors, but legal experts say the court should rethink before doing so as such a move could put society and lives of citizens at risk.

Justice B Kemal Pasha, former judge of Kerala High Court, said that the court should not grant bail to convicts, who were sentenced for committing heinous crimes, including POCSO cases.

"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 said.

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

In another appeal, the court granted bail to a 49-year-old convict, who was sentenced for the offences under Sections 373 and 376 (1) of IPC. The prosecution opposed the plea and submitted that if the petitioners were released on bail, it will lead to serious consequences. The petitioner’s sentence was suspended and released on bail for 3 months considering the pandemic situation.

While granting bail to a convict, the court observed 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 observed it was true that the allegation against the petitioner was very serious. The trial court found him guilty. The court pointed out the Supreme Court had issued various directions for minimising the strength of inmates in prisons.

The court released the petitioner on bail imposing stringent conditions. He should furnish his residential address and contact number to the station house officer within three days from the date of his release from the jail.

In another case, while releasing a convict in the POCSO case on bail, the same bench observed that "life is more important than anything." The convict had committed sexual assault on a 13-year-old girl, who belongs to Scheduled Caste and Scheduled Tribe community.

In the case of parole, the high-powered committee headed by a judge of the Kerala High Court only recommended releasing the convicts and remand accused who are involved in offences that are punishable with imprisonment up to 10 years or less. The convicts or accused in the offences under the POCSO Act are excluded from this.

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