The High Court of Kerala allowed the bail application of Santosh Behera, an accused in a POCSO and IPC offence, granting statutory bail under Section 167 Cr.P.C. due to custody exceeding 60 days without a final report, citing prison safety measures.
Petitioner released on bail by executing a bond of Rs. 50,000 with two solvent sureties for the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
Bail Appl..No.99 OF 2021
CRIME NO.1446/2020 OF Koraty Police Station , Thrissur
PETITIONER:
SANTHOSH BEHERA AGED 39 YEARS KRISHNANNANDPUR, JAGATSINGHPUR DISTRICT, ODISHA-75413 NOW RESIDING AT VAPPARAMBIL, VAZHICHAL, THIRUVANANTHAPURAM 695125
BY ADV. SRI.THOMAS J.ANAKKALLUNKAL
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM PIN-682031
SMT.REKHA.C.NAIR, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.99 of 2021 2
P.V.KUNHIKRISHNAN, J
B.A.No.99 of 2021
Dated this the 6th day of January, 2021
O R D E R
This Bail Application is filed under Section 439 of Criminal
Procedure Code was heard through Video Conference.
and 12 of the Protection of Children from Sexual Offences Act
(for short 'POCSO Act') is also alleged.
B.A.No.99 of 2021 3
Public Prosecutor.
B.A.No.99 of 2021 4
Re: Contagion of COVID-19 Virus In Prisons case (Suo
Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons.
B.A.No.99 of 2021 5
for the like sum to the satisfaction of the
jurisdictional Court.
Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
or suspected, of the commission of which he is suspected.
B.A.No.99 of 2021 6
Government and Central Government with
respect to keeping of social distancing in the wake of Covid 19 pandemic.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
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2 issues framed by the court
Whether the petitioner is entitled to statutory bail under Section 167 Cr.P.C. after 60 days of custody without a final report being filed.
Whether bail is permissible considering the need for social distancing norms in prisons during the COVID-19 pandemic.
Colour shows how this judgement treated each authority
Re: Contagion of COVID-19 Virus In PrisonsReferred¶31
Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020)
W.P(C)No.9400 of 2020Referred¶34
Chidambaram P v Directorate of EnforcementReferred¶35
Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870)
4 provisions across 3 enactments
Santhosh Behera
State of Kerala
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
