Community service can't be prescribed as bail condition: Kerala High Court

The Kerala High Court recently held that 'community service' cannot be imposed as a condition for grant of bail. [Ajin KV v State of Kerala].Justice C Jayachandran observed that community service as defined under Section 4(f) of the Bharatiya Nyaya Sanhita (BNS) is a punishment to be awarded in appropriate cases and cannot be imposed as a bail condition."As per Section 4(f) of the BNS, ‘community service’ is a punishment, which cannot be imposed as a bail condition," the Court held. .The Court made the observation while considering a petition moved by one Ajin KV, who was booked under various provisions of BNS which penalise offences involving criminal acts against women.He had initially approached the Judicial Magistrate of First Class-III (Mobile) at Ernakulam seeking bail.The same was granted subject to certain conditions.These included mandatory appearance before the Station House Officer (SHO) at Cheranelloor Police Station on all Mondays and Saturdays for three months, undergoing psychological counselling, and performing community service at the Government Medical College Hospital at Kalamassery.Aggrieved by these three of conditions, Ajin moved the High Court challenging them on the ground of reasonableness. He submitted before the Court that while he has complied with the conditions so far, appearing before the SHO twice a week has been very difficult practically as he was employed in Thiruvananthapuram.He also argued that mandatory counselling was unnecessary in his case as was community service..Taking note of the submissions, the Court struck down the community service condition by observing that once a statute categorises 'community service' as a punishment, it cannot be imposed as a condition for the grant of bail.The Court found the mandatory counselling to be unwarranted as well given the nature of the allegations and circumstances of the case.The Court also decided to alter the condition to appear before the SHO to every Saturday for a period of two months. After two months, Ajin would be required to appear only if summoned in writing by the Investigating Officer..The petitioner was represented by advocates VS Mansoor, Akhil Binoy and Ahammed Mizwar VP.Public Prosecutor EC Bineesh appeared for the State..[Read Order]