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 the Bharatiya Nagarik Suraksha Sanhita are connected, therefore I am disposing of these cases by a common order.

2. Petitioner is the accused in Crime Nos. 999/2024, 1016/2024, 1017/2024, 1018/2024, 1019/2024, 1023/2024, 1024/2024, 1027/2024, 1037/2024 & 1048/2024 of Sulthan Bathery Police Station, Wayanad, Crime Nos.1430/2024, 1438/2024, 1439/2024, 1480/2024, 1488/2024, 1505/2024, 1508/2024, 1512/2024, 1513/2024, 1518/2024, 1519/2024, 1520/2024, 1553/2024, 1554/2024, 1555/2024, 1557/2024, 1558/2024, 1559/2024, 1564/2024, 1565/2024 & 1567/2024 of Palakkad Town South Police Station, Palakkad, Crime Nos. 1439/2024, 1461/2024, 1491/2024, 1497/2024 & 1650/2024 of Pattambi Police Station, Palakkad, Crime No.1039/2024 of Kalpetta Police Station, Wayanad & Crime No.898/2024 of Vadanappally Police Station, Thrissur. The above cases are registered against the petitioner and two others alleging offences punishable under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita (for short ‘BNS’), 2023.

3. The prosecution case is that the petitioner and the other accused promised the defacto complainant in these cases additional profits, if they joint their chitty and thereby collected huge amount from the defacto complainants. The defacto complainants further alleged that the accused person neither returned the amount collected nor the profit and thereby committed the offences.

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

5. Counsel appearing for the petitioner submitted that the petitioner is in custody from 27.12.2024 in connection with Crime No.1439/2024 of Pattambi Police Station. The counsel submitted that the petitioner is only an employee of the chitty company and the main accused are the Managing Directors. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him bail.

6. Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner is also a Director and Administrative Manager of the Chitty Company. The petitioner has got active involvement in this case.

7. This Court considered the contention of the petitioner and the Public Prosecutor. It is true that the allegation against the petitioner is serious and there are several victims in this case. But, the fact remains that the petitioner is in custody from 27.12.2024 in connection with Crime No.1439/2024 of Pattambi Police Station. Indefinite incarceration of the petitioner is not necessary. Considering the facts and circumstances of the case, I think the petitioner can be released on bail after imposing stringent conditions.

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 onl