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The High Court of Kerala had held that arrests can be made in respect of serious offences. The court also directed the state Police Officers not to arrest the public for petty offences which may lead to overcrowding of prisons in the state. The court held that the citizens must not be infringed of Article 21 of the Indian Constitution by unnecessary arrests made at this time. However, the court had given the discretion to the state to take liberty of heinous offences committed by the accused to act accordingly. The court had emphasised that Bail is a rule or a mandate whereas Jail is an exception. When the situation of overcrowding of the prisons had occurred then the Magistrates or the Judges shall have the discretion on making decision of Judicial or Police custody to the accused persons. The court added “…We make it clear that, the above said directions stand excluded to subjects relating public order/law and order and any action taken by the State Government to combat the outbreak of COVID-19 and actions taken thereof”. The court had extended the interim orders passed by the subordinate courts by the period of one month. It had also added time limit in the bail operations by one month. The High Court of Kerala had suspended all its operations till April 14th due to National Lockdown. In addition the court “Taking note of the submission of the Government of India before the Hon'ble Supreme Court that a proper mechanism will be evolved, in exercise of the powers under Articles 226 and 227 of the Constitution of India, we also deem it fit to state that until such time, we hope that no action would be taken”. It also stated that “It is sincerely expected that, due to the outbreak of COVID-19, State Government, LSG Institutions, Government of India, and Public Sector Undertakings owned and controlled by the State/Central Governments that no coercive action be taken since there is no opportunity to the persons to approach the Courts at present”
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