Kerala High Court
For Information Purpose Only vs Biju R on 11 May, 2021
Bail Appl. 3438/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Tuesday,the 11th day of May 2021/21st Vaisakha, 1943
Bail Appl. No.3438/2021
For information purpose only
CRIME NO.354/2021 OF ATTINGAL POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/ACCUSED
1.BIJU R,AGED 40 YEARS
UZHUNNUVILLA VEEDU, AYILAM PO THIRUVANTHAPURAM,
PIN-695103
2.BIJU,AGED 42 YEARS
PANAYIL VEEDU AYILAM PO MUDAKKAL, THIRUVANTHAPURAM,
PIN-695103
3.HARIKUMAR S,AGED 32 YEARS
VALIYAVILAPUTHANVEEDU, THANNEERPOYKA ROAD, MUDAKKAL
AYILAM ELAMBA-MUDAKKAL, THIRUVANTHAPURAM, PIN-695103
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN-682031
This Bail Application coming on for admission upon perusing the petition and upon
hearing the arguments of SRI.M.R.SARIN, Advocate for the petitioners and the PUBLIC
PROSECUTOR for the respondent, the court passed the following.
p.t.o
ZIYAD RAHMAN A.A, J
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B.A.NO.3438 of 2021
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Dated this the 11h day of May, 2021
ORDER
For information purpose only Our nation is facing an un-precedented pandemic in the form of Covid-19. It has affected all persons and all spheres of human life, by having its impact upon social, cultural and financial status of the general public. It is playing havoc throughout the country by causing serious health hazards to the public at large and the entire machinery of the State is fighting to curtail the same. By keeping the above aspects in mind, a Learned Single Judge of this Court, while passing an interim order in an application for pre-arrest bail under section 438 of the Code of Criminal Procedure, 1973, ( order dated 7.05.2021 in B.A 3368/2021) made the following observations:
" It is true that the allegation against the petitioner is very serious. This is a case which is to be heard in detail on merit after perusing records. The 2nd wave of COVID-19 is spreading in country and the citizens are facing serious difficulties. In the state of Kerala, the 2 nd wave of pandemic is creating lot of problems and even day-to-day life of citizens are affected. Everyday, about 25,000 people are tested positive with COVID-19. Life is more important than anything. In such circumstances, this court has to consider this fact also while considering the bail applications."
2. I am in full agreement with the above observations. Further, State Government issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned to grant parole to eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and B.A.NO.3438 of 2021 2 Correctional Services (Management) Rules 2014. It is evident that, the said order is issued with a view to de-congest the prisons and thereby to enable the authorities concerned to maintain physical distancing in prisons. The Honourable For information purpose only Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No. 1/2020, issued various directions for minimizing the strength of inmates in prisons.
3. I am of the view that, keeping the spirit and object of the aforesaid orders are absolutely necessary while considering this bail application. Therefore, even though the allegations involved in this case are grievous in nature, in the present scenario, an interim bail for a limited period is an utmost necessity, for the larger interest of the society.
In the above circumstances, an interim order for anticipatory bail is granted for a limited period. Accordingly, it is ordered that, in the event of arrest, the petitioners shall be released on bail on executing a bond for Rs. 50,000/- (Rupees fifty thousand only) each with two solvent sureties each for like sum to the satisfaction of the officer concerned. The investigation officer shall also be at liberty to insist for the appearance of petitioners before him, by issuing notice under section 41 A of the Code of Criminal Procedure, 1973.
This order shall be in force until 21.06.2021. Post on 21.06.2021.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
SMA
/true copy/ Sd/- ASSISTANT REGISTRAR