The court emphasized that bail should be denied when serious charges are involved, especially with a history of similar offences and risk of witness tampering.

ORDER

The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’, for short) by the third accused in Crime No.448/2025 of the Chathannoor Police Station, Kollam, which is registered against the accused persons for allegedly committing the offences punishable under Sections 304 and 317(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The petitioner was remanded to judicial custody on 15.04.2025.

2. The prosecution case, in brief, is that; on 05.03.2025, the first accused snatched a gold chain of the de facto complainant and entrusted it to the third accused, who with the knowledge that it was a stolen property, sold it and handed over the consideration to the second accused after receiving his share of Rs.2000/-.

Thus, the accused have committed the above offences.

3.Heard; the learned counsel appearing for the petitioner and the learned Public Prosecutor.

4.The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The petitioner has been in judicial custody for the last one month, the investigation in the case, so far as the petitioner is concerned, is complete and the recovery has been effected. The petitioner does not have any criminal antecedents. On the other hand, the learned Public Prosecutor opposed the application and submitted that if the petitioner is enlarged on bail, there is likelihood of him tampering with evidence. Moreover, the stolen property has not been recovered. Hence, the application may be dismissed.

5. In Jalaluddin Khan v Union of India, [2024 INSC 604] the Honourable Supreme Court has observed in the following lines:

“21. xxxxx 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 Article

21 of our Constitution. “

6. On a consideration of the facts and the materials placed on record, particularly that the petitioner has been in judicial custody for the last one month, the investigation in the case is complete and the petitioner does not have any criminal antecedents, I am of the view that the petitioner is entitled to be enlarged on bail. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the jurisdictional court, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every second and fourth Saturdays between 9 a.m. and 11 a.m till the final report is laid. He shall also appear before the Trial Court as and when directed;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below o