Bail is the rule and jail is the exception; courts must grant bail when justified, ensuring fair trial rights under Article 21.

O R D E R

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

2. Petitioners are the accused Nos.1 and 6 in Crime No.2247/2024 of Angamaly Police Station, registered alleging offences punishable under Sections 189(2), 191(2), 191(3), 190, 49, 103(1) and 249(b) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that, on 15.10.2024, at 11:00pm., the accused Nos.1, 3, 4, 5 and 6 committed murder of one Ashik at Hills Park Bar at Angamaly. The other accused also participated in the commission of the offence.Hence, it is alleged that the accused committed the offence.

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

5. The counsel for the petitioners submitted that the 1^st petitioner/1^st accused is in custody from 16.10.2024 and the 2^nd petitioner/6^th accused is in custody from 22.10.2024. The counsel submitted that, petitioners are ready to abide by any conditions, if this Court grants them bail. The counsel also submitted that, other accused were released on bail by this Court and the Sessions Court.

6. The Public Prosecutor seriously opposed the bail application. He submitted that, the overt act of the 1^st petitioner, who is the 1^st accused is very serious. He continuously attacked the deceased using a knife. The Public Prosecutor takes me through the final report, in which the specific allegations are there against the 1st petitioner. The Public Prosecutor submitted that, the intention of the 1^st petitioner is very clear. Therefore, 1^st petitioner may not be granted bail. The Public Prosecutor submitted that the 2^nd petitioner is also involved in this case and therefore, the bail cannot be granted to the 2^nd petitioner.

7. This Court considered the contention of the petitioners and the Public Prosecutor. It is true that there is specific allegation against the 1st petitioner, who is the 1^st accused. The allegation against the 1^st petitioner is very serious. But, the fact remains that the petitioner are in custody from October 2024 onwards. The final report is already filed. Some of the accused were already released on bail by this Court. In such circumstances, the indefinite incarceration of the petitioners may not be necessary. Therefore, the petitioners 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.” (unde