Bail is the rule and jail is the exception; courts must grant bail when justified, ensuring fair trial rights.

ORDER :

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

2. The petitioner in these cases are the accused in Crime No.06/2025 of Koodal Police Station, Pathanamthitta and Crime Nos.10/2025 & 11/2025 of Pathanapuram Police Station, Kollam. The above cases are registered against the petitioner inter alia under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case in brief in all these cases is that the accused pledged imitation gold in financial institutions and obtained huge amount by cheating the financial institutions. Hence, it is alleged that the accused committed the offence. The petitioner’s arrest was recorded in Crime No.06/2025 of Koodal Police Station on 21.01.2025 and the petitioner was arrested in Crime Nos.10/2025 and 11/2025 on 03.01.2025.

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 03.01.2025. The counsel also submitted that the petitioner is ready to abide any conditions imposed by this Court, if this Court grants him bail.

6. The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner cheated several financial institutions and this Court may not grant bail to the petitioner.

7. This Court considered the contentions of the petitioner and the Public Prosecutor. It is true that the allegations against the petitioner is serious. But, indefinite incarceration of the petitioner may not be necessary. Moreover, the petitioner is in custody from 03.01.2025. I think, the petitioner can be released on bail after imposing stringent conditions. There can be a direction to the petitioner to appear before the Koodal Police Station on all Mondays at 10.00 AM and at Pathanapuram Police Station on all Tuesdays at 10.00 AM, till final report is filed.

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 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)

10. 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