Bail is the rule and jail is the exception; personal liberty must be prioritized, and arrest requires justification.

O R D E R

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ).

2. Petitioners are the accused in Crime No.232/2025 of Kuttiyadi Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 126 (2), 115(2) & 118(1) r/w Section 3(5) of the Bhartiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that; 06.03.2025 at 06:00pm., when the defacto complainant went to the house of the 1^st accused demanding money which was due from the 1^st accused, the 1^st accused restrained the defacto complainant and attacked him with hand and plant and 2^nd accused attacked with wooden stick. It is also alleged that the 3^rd accused pushed him and thereby accused committed the offences.

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

5. The counsel for the petitioners submitted that, the only non-bailable offence alleged against the petitioners is under Section 118 (1) of the BNS. The incident happened in the house of the accused, where the defacto complainant came. He submitted that the alleged incident happened on 06.03.2025 and the complaint was filed only on 12.03.2025. Petitioners are ready to abide by any conditions, if this Court grants them bail.

6. Public Prosecutor opposed the bail application.

7. This Court considered the contentions of the petitioners and the Public Prosecutor. The only non-bailable offence alleged against the petitioner is under Section 118 (1) of the BNS. The alleged incident happened in the house of the accused. It seems that there is some delay in filing the complaint. It is true that, it is a matter of evidence. But, considering the facts and circumstances of the case, I think, 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 has7. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court inAnzar Azeez v. State of Kerala [ 2025 SCC OnLine KER 1260 ] is applicable in this case also. the opportunity of securing fair trial.

9. Recently the Apex Court in Siddharth v State of Uttar Pradesh and Another [ 2021(5)KHC 353 ] considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder.

“12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation bec7. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court inAnzar Azeez v. State of Kerala [ 2025 SCC OnLine KER 1260 ] is applicable in this case also.omes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it.7. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court inAnzar Azeez v. State of Kerala [ 2025 SCC OnLine KER 1260 ] is applicable in this case also. ( Joginder Kumar v. State of UP and Others ( 1994 KHC 189 : (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating OfÏcer has no