IMPORTANT POINT
Bail is the rule and jail is the exception; arrest must be justified based on necessity and potential impact on personal liberty.

ORDER :

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2. The petitioner is an accused in Crime No.223/2025 of Vallikkunnam Police Station, Alappuzha. The above case is registered against the petitioner alleging offences punishable under Sections 74, 75(1)(ii) and 78(1)(i) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The petitioner is a senior Congress Party leader. The prosecution case is that on 11.01.2025 at around 03.00 PM, while the defacto complainant was on her phone in front of her house, the accused approached her and stopped his vehicle. It is alleged that the accused told her to get inside the car to discuss some important political matter and insisted her to get into the car. While discussing the party matter, he groped her right thigh and when she pushed his hand away, he grabbed her left shoulder. The defacto complainant quickly opened the car door and rushed outside. It is also alleged that in February 2024, the accused contacted the defacto complainant to discuss the party programme and invited her to his residence. She visited his residence. The accused was seated in front of the hall, removed the front portion of his clothing and showed his nakedness. 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 allegations against the petitioner is not correct. He is a political leader. It is only to harass the petitioner to such a false case is foisted against him. It is also submitted by the petitioner that there is a long delay in filing the complaint. The counsel also submitted that the petitioner is ready to abide any condition 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. Simply because there is some delay in filing the complaint, that alone is not a ground to reject the prosecution case. But, The maximum punishment that can be imposed for the offences alleged are up to 7 years. The Apex Court in Arnesh Kumar v. State of Bihar and Another [2014 (8) SCC 273] observed that, even while considering an application for anticipatory bail, the court should take a lenient view if the punishment that can be imposed is only up to 7 years. It will be better to extract the relevant portion of the above judgment:

“7. xxxxxxxxx

7.1. From a plain reading of the aforesaid provision, it is evident that all person accused of an offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on his satisfaction that such person had committed the offence punishable as aforesaid. A police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case, or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the court or the police officer, or unless such accused person is arrested, his conclusions, which one may reach based on facts.

7.2. The law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. The law further requires the police officers to record the reasons in writing for not making the arrest.

7.3. In pith and core, the police officer before arrest must put a question to himself, why arrest? Is it really required? What purpose