IMPORTANT POINT
Bail is the rule and jail is the exception; arrest must be justified and not routine, emphasizing the importance of personal liberty.

ORDER :

P.V.KUNHIKRISHNAN, J.

These Bail Applications filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) are connected and therefore, I am disposing of these bail applications by a common order.

2. Petitioners in B.A. Nos.5545 & 5557 of 2025 are the accused in Crime No.240/2025 of Cantonment Police Station, Thiruvananthapuram. Petitioners in B.A. No.5549 of 2025 are the accused in Crime No.685/2024 of Crime Branch (EOW), Ernakulam. The above cases are registered against the petitioners alleging offences punishable under Sections 406, 409 and 420 r/w 34 of the Indian Penal Code, 1860 and Sections 3, 21, 5 & 23 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act).

3. The prosecution case is that, on different dates the de-facto complainants in these cases deposited different amounts with M/s. Neduparambil Credit Syndicate, upon their assurance of high rate of interest on deposit, and in spite of the repeated demand, the deposited amount or its interest was not repaid. Hence it is alleged that the accused committed the above said offences.

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

5. Admittedly, the petitioners were in custody for about 177 days in connection with the cases registered with similar allegations. Petitioners' arrest was not recorded in these case. The Public Prosecutor submitted that, notice was issued to the petitioners in some cases and their statements were also recorded by the Investigating Officer. If that be the case, the custodial interrogation of the petitioners may not be necessary. Considering the facts and circumstances of the case, I think this bail application can be allowed on stringent conditions.

6. 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.

7. Recently the Apex Court in Siddharth v State of Uttar Pradesh and Another [2021(5)KHC 353] considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder:

“12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.”

8. In Manish Sisodia v. Central Bureau of Investigation [2023 KHC 6961], the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case.

9. Considering the dictum laid down in the above decision and considering the facts and circumstances of these cases, these Bail Applications are allowed with the following directions:

1. The petitioners shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation.

2. After interrogation, if the Investigating Officer