Bail is the rule and jail is the exception; arrest must be justified, especially in non-heinous cases.

ORDER

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

2. The petitioner is the accused in Crime No.201 of 2025 of Manjeri Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 126 (2), 117(3), 118(1) r/w 92 of the Rights of Persons With Disabilities Act, 2016 .

3. The prosecution case is that on 05-02-2025 at about 06.00 PM at Thadapparamba, Valamangalam, the car in which the victim was traveling collided with an autorikshaw and the car and the autorikishaw suffered minor damage and the matter was settled amicably. At that point of time, accused turned up at the spot and insisted on to pay compensation. When the demand was refused, accused/petitioner pulled the victim out of the car and hit with a key and kicked on the disabled leg. It has been further alleged that the accused attacked him knowing that he is a disable person. and thus committed the said offenses 126 (3), 117 (3), 118 (1) and also added Disability Act 92 (a) of BNS 2023.

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

5. Counsel for the petitioner submitted that the entire allegations against the petitioner is not correct. The counsel submitted that the petitioner is ready to abide any conditions imposed by this Court, if this Court grant him bail.

6. The public prosecutor opposed the bail application. But the public prosecutor submitted that as per the report received by him, no criminal antecedents is alleged against the petitioner. Public Prosecutor submitted that the victim sustained a fracture and the offence under Section 117 (3) is also attracted, which is non-bailable offence.

7. This Court considered the contentions of the petitioner and the public prosecutor. It is true that the allegations against the petitioner is very serious. But the incident happened in a spur of moment after a road accident. Considering the facts and circumstances of the case, the petitioner can be granted 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. 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 becomes 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. ( 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 Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.”

10. In Manish Sisodia v. Central Bureau of Investigation [2023 KHC 6961], the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case.

11. Considering the dictum laid down in the abo