Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.

ORDER :

(P.V. KUNHIKRISHNAN, J.)

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

2. The petitioners are accused in Crime No.141/2025 of Kunnamkulam Police Station, Thrissur. The above case is registered against the petitioners and others alleging offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 118(2), 110 and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that, on 26.01.2025 at 07.30 PM, the accused Nos.1 to 8, found themselves into an unlawful assembly possessing dangerous weapons, in furtherance of their common object to assault the defacto complainant due to prior enmity, beat him with iron pipe bars and other dangerous weapons on his head, face and nose and the injured sustained three fractures. Hence, it is alleged that the accused committed the offence.

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

5. The counsel for the petitioners submitted that the petitioners are in custody from 04.02.2025. The counsel submitted that there is six days delay in filing the First Information Statement. The counsel also submitted that the petitioners are ready to abide any conditions imposed by this Court, if this Court grants them bail.

6. The Public Prosecutor opposed the bail application and submitted that the injury sustained to the victim is very serious. But, the Public Prosecutor submitted that, as per the report received by him from the Investigating Officer, no criminal antecedents is alleged against the petitioners. The Public Prosecutor also submitted that the co-accused were not arrested.

7. This Court considered the contentions of the petitioners and the Public Prosecutor. It is true that the allegation against the petitioners and other accused are serious. The injured sustained very serious injuries including fractures. But the fact remains that the petitioners are in custody from 04.02.2025. No criminal antecedents is also alleged against the petitioners. Considering the facts and circumstances of the case, I think, the petitioners can be released on bail after imposing stringent conditions. Since the victim sustained serious injuries, there can be a direction to the petitioners not to enter the jurisdictional limit of Kunnamkulam Police Station for a period of one month. With that condition 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 th