Kerala High Court Extends Till May 31 Interim Orders, Interim Bails, Orders Under Section 138 of the Negotiable Instruments Act

The Kerala High Court has extended the life of its interim orders, orders from matters relating to Section 138 of the Negotiable Instruments Act and interim bails till May 31, 2021, in view of the Covid lockdown in the State.

The Bench of Chief Justice S Manikumar, Justices CT Ravikumar and Shaji P Chaly issued the Order pursuant to a Full Bench sitting yesterday

"it is made clear that the extension granted to the interim orders, through orders of this Court would stand further extended upto 31.05.2021."

The Court clarified that aggrieved parties would be at liberty to move for vacating such orders, before the appropriate court in accordance with office orders.

When extending interim orders, the Court also revived its directions made in last year's suo motu Covid proceedings, declaring that no arrests were to be made unless inevitable.

While issuing the Order, the Court emphasized that its directions were made with reference to the orders of the Supreme Court dated May 7, 2021 and would be subject to these directions.

Another issue the Court took notice of was the difficulty litigants involved in matters under Section 138 of the Negotiable Instruments Act would face. Therefore the Court directed that interim orders in connection to proceedings under Section 138 of the Negotiable Instruments Act "need not be enforced until May 31, 2021."

"We are of the view that the orders passed by this Court during the first lockdown period are to be revived", the Court stated, pointing out that the High Powered Committee constituted under the Court's prior covid suo motu proceedings already met and passed orders relating to paroles and interim bail of prisoners.

In its Order, the Court directs the Registry to send copies of this order for the information of all those concerned, including the Director General of Prisons and Correctional Service and the print and visual media for intimation of the public.

Interim Bail Conditions

• The prisoners released on interim bail, as mentioned above, 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 declaration executed by the prisoners shall also contain an undertaking to the effect that they will strictly abide by the guidelines issued with respect to keeping of social distancing, in the wake of the declared lockdown.
• They shall also undertake that they will remain in their declared place of residence, totally avoiding any type of travel or exposure to the public.
• In the event the lockdown period was extended, the interim bail would also be extended. 
• Interim bail granted shall be limited upto May 31, 2021 or till the end of the lockdown period by the Government, whichever is earlier.
• On expiry of the period of interim bail, as mentioned above, released prisoner shall appear before the jurisdictional court, within 3 days thereof.
• On such appearance, the court concerned shall consider his application for bail and shall pass appropriate orders, taking note of all circumstances and attendant factors.
• The person released on interim bail, as above, shall be liable to be arrested and produced before the jurisdictional court, in case of violation of any of the conditions stipulated as above or in case they are found indulging in any activity endangering law and order or breach of public order and tranquility, or in any manner intimidating or influencing the witnesses.
  

The Court also ruled,

"As done earlier, we further make it clear that for the purpose of considering bail applications of under-trial/remanded prisoners, who do not fall within the category, for which interim bail is granted through this order, as well as for moving for statutory bail under Section 167(2) of the Cr.P.C, the learned Sessions Judges in the State are hereby authorised to consider such bail applications submitted through e-mail and to dispose of such applications through video-conferencing, after hearing the Advocate concerned as well as the Public Prosecutor. The learned Principal Sessions Judge or any Additional Sessions Judge authorised in this behalf or to whom such bail applications are made over, shall deal with such bail applications in accordance with the above said directions and on the basis of the modalities which will be prescribed by issuing relevant instructions."

Additionally, the Court pointed out that there were sufficient benches for the consideration of extremely urgent cases (both pending and future caes), including bail applications.

On movement of Advocates

Advocate Thomas Abraham, President of the Kerala High Court Bar, apprised the Court of inconveniences faced by Advocates, clerks and staff, as a result of the lockdown restrictions.

Taking note of State Government's orders providing a mechanism to grant permission for movement in emergent situations, the Court directed the appropriate statutory authorities/police to consider any application or declaration or information, as the case may be, received from the lawyers, physically or through electronic mode, for their movement and also the movement of clerks and other required staffs.

Additional Advocate General Ranjith Thampan submitted that a mechanism would be evolved.

The Full Bench exhorted the State to "act immediately, as assured."

This suo motu petition is expected to be taken up after May 31, 2021.

CASE: SUO MOTU V. STATE OF KERALA 

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