IMPORTANT POINT
Bail is the rule and jail is the exception; courts must ensure fair trial opportunities while considering the seriousness of allegations and the rights of victims.

ORDER :

P.V.KUNHIKRISHNAN, J.

This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is an accused in Crime No.98/2025 of Vellarada Police Station, Thiruvananthapuram. The above case is registered against the petitioner alleging offences punishable under Section 354A(1)(i) of IPC and Sections 8 r/w 7, 10 r/w 9(n)(p) of the POCSO Act.

3. The victim is a minor girl aged 14 years and she is studying in the 10 ^th standard. The accused is the grandfather of the victim. The accused is a rubber tapper. The prosecution allegation is that on 02.02.2024, while the victim was sleeping in the house of the accused, with sexual intent, he patted on her private parts through her dress. Hence, it is alleged that the accused committed the offence.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

5. The counsel for the petitioner submitted that the petitioner is in custody from 18.01.2025. The counsel also submitted that the petitioner is ready to abide any conditions imposed by this Court, if this Court grants him bail.

6. The Public Prosecutor opposed the bail application.

7. This Court considered the contentions of the petitioner and the Public Prosecutor. It is true that the allegation against the petitioner is very serious. But the fact remains that the petitioner is in custody from 18.01.2025. Now he is in custody for about 47 days. The maximum punishment that can be imposed for the offences alleged are below 7 years. Considering the facts and circumstances of the case, I am of the considered opinion that the petitioner cannot be retained indefinitely. But, the interest of the victim also should be considered. I am of the considered opinion that the petitioner shall not enter the jurisdictional limit of Vellarada Police Station till final report is filed. Thereafter, if there is any grievance to the parents of the victim, the parents of the victim can approach the jurisdictional court with appropriate application for imposing additional condition, even though this order is passed by this Court. If such an application is filed, the jurisdictional court can impose appropriate condition. With the above observation, bail can be granted.

8. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v. Directorate of Enforcement [2019 (16) SCALE 870] , after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.

9. Moreover, in Jalaluddin Khan v. Union of India [2024 KHC 6431] , the Hon'ble Supreme Court observed that:

“21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Art.21 of our Constitution.” (underline supplied)

10. In Manish