Bail is the rule and jail is the exception; custodial interrogation must be justified and not routine.

O R D E R

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

2. Petitioners are accused in Crime No.35/2024 of Kavaratti Police Station, Lakshadweep. The above case is registered against the petitioners alleging offences punishable under Sections 130 , 74, 115(2), 351 & 79 of the Bharatiya Nyaya Sanhita (for short 'BNS').

3. The prosecution case is that, on 26.12.2024, at about 4:45 P.M. at Boat Jetty, Kavaratti, the accused persons, who were the brother-in-laws of the defacto complainant, used filthy language, tweaked the private parts, and threatened her to kill by raising the dispute regarding the ownership of her husband's boat. Hence it is alleged that the accused committed the above said offences.

4. Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

5. Counsel for the petitioners submitted that, even if the entire allegations are accepted, no offence is made out under Section 74 of the BNS, which is the only non-bailable offence. The counsel also submitted that the petitioners are ready to abide any conditions if this Court grant them bail.

6. The counsel appearing for the defacto complainant seriously opposed the bail application. The counsel takes me through various documents and submitted that, not only the offence under Section 74 of the BNS, the other offences are also committed by the petitioners. The counsel submitted that this Court may not grant bail to the petitioners.

7. The learned Standing Counsel appearing for the Lakshadweep Administration submitted that the petitioners surrendered before the Investigating Officer as directed by this Court and they were released on interim bail.

8. This Court considered the contentions of the petitioners, defacto complainant and the Standing Counsel. When this bail application came up for consideration on 31.12.2024, this Court passed the following order:

“Learned Public Prosecutor is directed to get instructions. Post on 16.01.2025.

Considering the peculiar nature of the case, the investigating officer is directed to release the petitioners on interim bail, in case they were arrested in the meanwhile, on executing a bond for Rs.1 Lakh (Rupees One Lakh only) each with two solvent sureties for the like sum each to the satisfaction of the investigating officer. ”

9. Based on the above order, the petitioners surrendered and they were on interim bail as of now. The only non-bailable offence alleged against the petitioners as on today is under Section 74 of the BNS. Whether of the BNS is attracted in the facts and circumstances of the case is a matter to be investigated by the Investigating authority. I do not want to make any observation about the same. The maximum punishment that can be imposed for the offence under of the BNS is below 7 years. The Apex Court in Arnesh Kumar v. State of Bihar and Another [2014 (8) SCC 273] observed that, even while considering an application for anticipatory bail, the court should take a lenient view if the punishment that can be imposed is only up to 7 years. It will be better to extract the relevant portion of the above judgment:

“7. xxxxxxxxx

7.1. From a plain reading of the aforesaid provision, it is evident that all person accused of an offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on his satisfaction that such person had committed the offence punishable as aforesaid. A police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case, or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or pr