Bail is the rule and jail is the exception; courts must ensure that denial of bail is justified, particularly when the maximum sentence is below seven years.

ORDER :

These Bail Applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These bail applications are connected and therefore, I am disposing of these cases by a common order.

2. The petitioner in these bail applications is one and the same person. He is an accused in Crime Nos.111/2025, 112/20205, 113/2025, 114/2025 and 115/2025 of Sreekandapuram Police Station. Above cases are registered against the petitioner alleging offences inter alia under Section 75(1)(i) of the Bharatiya Nyaya Sanhita (BNS), 2023 and also under Section 7 r/w 8 of the POCSO Act.

3. The prosecution case is that, the petitioner who is conducting a grocery shop near Nedungom Higher Secondary School, sexually abused the minor girls who came to the shop. Hence, it is alleged that the accused committed the offence. The petitioner was arrested on 04.02.2025 and he is in custody from that day onwards.

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 04.02.2025. 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 seriously opposed the bail application. Public Prosecutor submitted that the allegation against the petitioner is very serious and he sexually abused the victim girls.

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 maximum sentence that can be imposed for the offences alleged are below 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 it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence. Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes, envisaged by sub-clauses (a) to (e) of clause (1) of Section 41 CrPC.”

8. Keeping in m