Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.

ORDER :

P.V.KUNHIKRISHNAN, J.

These Bail Applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023. These two bail applications are connected and therefore, I am disposing of these two cases by a common order.

2. These cases are registered by Njarakkal Police. The petitioner in BA No.2348/2025 is the accused in Crime No.1298/2024 and the petitioner in BA No.2223/2025 is the accused in Crime No.1297/2024. The offences alleged in Crime No.1298/2024 are 74, 75(1)(i), 115(2), 126(2), 309(4), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. The offences alleged in Crime No.1297/2024 are 74, 75(1)(i), 79, 126(2), 296(b), 309(4), 651(2) and 3(5) of the BNS.

3. The incident in these cases happened on 19.12.2024 and 20.12.2024 in the Njarakkal Beach. It is alleged that the petitioners in these cases criminally intimidated and outraged the modesty of the defacto complainant and committed theft and also demanded money. Hence, it is alleged that the accused committed the offence.

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

5. The petitioner in BA No.2348/2025 was arrested on 18.01.2025 and the petitioner in BA No.2223/2025 was arrested on 21.12.2024. It is true that the allegation against the petitioners in these bail applications are serious. But, considering the facts and circumstances of the case and also considering the fact that the petitioners are in custody for almost about one month, I think, the continued detention of the petitioners is not necessary. The petitioners can be released on bail after imposing stringent conditions. There will be a direction to the petitioners to appear before the Investigating OfÏcer on all Mondays at 10.00 AM, till final report is filed.

6. 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.

7. 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.”

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8. 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 punishment. From our experience, we can say that it appears