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

ORDER :

These Bail Applications filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ) are connected and therefore, I am disposing of these cases by a common order.

2. Petitioner in these cases are one and the same. She is an accused in different crimes at Pavarratty Police Station.

3. The prosecution case is that the Pravasi Syndicate Chits Private Limited (Malayali Kshema Nidhi Limited) is operated by accused No.1 and 2. They assured the defacto complainants that, they would provide 12% interest on the deposited amount. Relying on this, the defacto complainants in these cases deposited huge amount. However, they did not obtain the principal amount or the promised interest. Hence it is alleged that the accused committed the above said offences.

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

5. The counsel for the petitioner submitted that the petitioner is in custody from 17.02.2025 onwards. The petitioner was arrested in these cases formally on 27.02.2025. The counsel submitted that the petitioner is ready to abide any conditions if this court release her on bail. The Public Prosecutor opposed the bail applications and submitted that the petitioner’s arrest was recorded in all the aforementioned crimes. The Public Prosecutor submitted that there are other crimes also with same set of facts against the petitioner.

6. 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 petitioner is in custody from 27.02.2025. Indefinite incarceration of the petitioner may not be necessary in the facts and circumstances of the case. There can be a direction to the petitioner to co-operate with the investigation. With that condition bail can be granted.

7. 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.

8. 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)

9. In Manish Sisodia v. Directorate of Enforcement [2024 KHC 6426], also the Hon'ble Supreme Court observed that:

“53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not