Unemployment Due To COVID A Dominating Factor: Madras High Court Grants Bail To Theft Accused

"COVID-19 is an unfortunate situation, wherein a large number of young men and women lost their employment", observed the Madras High Court (Madurai Bench) on Monday (09th November) while granting bail to two-person accused of committing theft.The Bench of Justice S. M. Subramaniam was hearing the bail application of two petitioners, who were arrested and remanded to judicial custody for the offences punishable under Sections 379 of IPC on the file of the respondent police.Arguments put forthThe Counsel for the petitioners stated before the Court that during the pandemic situation, the petitioners were unemployed and the police foisted a false case against the petitioners, in view of the fact that the petitioners were wandering to secure job.The Government Advocate opposed bail applications by stating that the petitioners involved in the crime and they stole five two-wheelers during the month of August and September 2020. Thus, five cases were registered against the petitioners. All the stolen vehicles were recovered and investigation has been completed in the instant case.Court's observationsThe Court was of the considered opinion that protection of life and personal liberty is ensured under Article 21 of the Constitution of India. The Court opined that Protection of life includes a decent life which is contemplated under Article 21.The Court further noted,"Right to life under Article 21 of the Constitution of India is not a mere animal life and it is a decent life which is to be preserved."Regarding the instant case, the Court noted that the first petitioner was working as a Hotel server and due to the closure of business, he would have probably involved in the crime of committing theft. However, the Court observed that the facts are to be established during the course of the trial.Further, the Court said,"Considering the probable circumstances, and the problems of unemployment, which are the dominating factors to be considered for grant of bail in such cases, keeping this kind of persons inside the jail for a longer duration would be detrimental not only to the individual, but also to the society at large."The Court also opined that because of COVID-19 many persons are suffering and the agony is unexplainable. In these circumstances, the Court was of the considered opinion that the petitioners could be released on bail.Accordingly, the petitioners were ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two blood sureties each for a like sum to the satisfaction of the learned Judicial Magistrate.Case title - Deepak and another v. The State [CRL OP(MD). Nos. 12506, 12507, 12508, 12510 and 12511 of 2020]Click Here To Download Order[Read Order]

Unemployment Due To COVID A Dominating Factor: Madras High Court Grants Bail To Theft Accused

Sparsh Upadhyay

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