Bail is the rule and jail is the exception; courts must grant bail when warranted, ensuring the accused's right to a fair trial.

ORDER :

This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita.

2. Petitioner is an accused in Crime No.48 of 2025 of Thiruvananthapuram Railway Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 305 (c), 304(1) & 62 of the Bharatiya Nyaya Sanhita , 2023 (for short ' BNS ').

3. The prosecution case is that, on 26.01.2025 at 6 AM, when Train No: 16350 of Raja Rani Express reached Kochuveli Railway Station, the accused committed theft of one sovereign of gold anklet worth Rs. 60,000/-from the right leg of CW1, by using a cutting plier. When the complainant woke up, the accused gave up the attempt to cut the gold anklet from the left leg and escaped. Hence it is alleged that the accused committed the above said offences.

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

5. Counsel for the petitioner submitted that the petitioner was arrested on 09.02.2025. The counsel submitted that the allegation against the petitioner is not correct. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail.

6. The Public Prosecutor opposed the bail application. The public prosecutor submitted that the petitioner is involved in another case also. When the petitioner was questioned, he revealed the same.

7. This Court considered the contentions of the petitioner and the Public Public Prosecutor. It is true that the allegation against the petitioner is serious. The petitioner is in custody from 09.02.2025. 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 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 - settled principle of law that bail is not to be withheld as a punishme