Can’t Refuse Granting of Bail to the Applicants on the Ground that it Would Give a Wrong Message to the Public

Can’t refuse granting of bail to the applicants on the ground that it would give a wrong message to the public.

The Kerala High Court while granting bail to three women, who were accused of assaulting a YouTuber over a vulgar video, noted that it does not endorse the vigilantism shown by them.

The fact that granting bail to the applicants would give a wrong message to the public at large and that it would amount to the encouragement of vigilantism is no reason to refuse to grant of bail- observed Justice Ashok Menon

The Bench observed that granting of bail is based on totally different parameters.

Observation made by the Court

“If people are permitted to take the law into their hands and do what they believe to be right and justified, there will be a chaotic situation and would have the effect of undermining the legal and formal institutions of the state and altering the constitutional order. Such extrajudicial acts under the guise of protection of law definitely require to be kept under check, otherwise, it would lead to rising of anarchy, lawlessness and monocracy. I am in total agreement with the learned counsel for the de facto complainant on this aspect.”

  • The Bench, though, added that they cannot be denied bail merely for the reason that granting them bail would give the wrong message to the public or that it would amount to encouragement of vigilantism or taking law into one’s own hands.
  • The Court observed that: “The order of rejecting an application for anticipatory bail by the Sessions Court is definitely not binding on the High Court but vice a versa may be true. In case an application under Section 438 Cr.P.C filed by the applicant before the High Court is rejected, there is no embargo on the applicant approaching the Apex Court for a favourable order.”
  • Advertisement
  • While granting bail, the Court observed: Though I do not approve of vigilantism shown by the applicants in taking law into their hands, I also do not feel it necessary to incarcerate them just for the purpose of giving them a taste of imprisonment as a lesson. The gravity of the offence and the possibility of the applicants fleeing from justice are very important criteria for the granting of anticipatory bail. The applicants are ladies without any criminal antecedents. The fact that the applicants had, soon after the incident appeared before the Police and surrendered the articles which they had allegedly robbed is an indication to the fact that they’re willing to co-operate with the investigation and are not likely to flee from justice. The Court added that it can’t refuse granting of bail to the applicants on the ground that it would give a wrong message to the public.

CASE: BHAGYALAKSHMI K. vs. STATE OF KERALA

Citation: Bail Appl.No.6686 OF 2020

CORAM: Justice Ashok Menon

Can’t refuse granting of bail to the applicants on the ground that it would give a wrong message to the public.

Also Read: Allahabad High Court Refused To Grant The Custody Of Two Minor Children To Their Father

Leave a Reply

Your email address will not be published. Required fields are marked *