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

ORDER :

P.V. KUNHIKRISHNAN, J.

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

2. Petitioner is the accused in Crime No.151 of 2025 of Maranallor Police Station, Thiruvananthapuram. The above case is registered against the petitioner alleging offences punishable under Sections 332 (C), 115(2), 118(1), 74, 76, 324(4) and 351(2) of the Bharatiya Nyaya Sanhita (for short ‘ BNS ’), 2023, Section 120 (o) of the Kerala Police Act and also under Section 66E of the Information Technology Act .

3. The prosecution case is that on 10.02.2025 at 1:30 p.m., the accused captured victim nude photos and videos, after disrobing her and beating and slapping with a torch. It is also alleged that the accused damaged articles worth Rs.8,500/- of the victim. Hence, it is alleged that the accused committed the offence.

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

5. Counsel appearing for the petitioner submitted that the allegation against the petitioner is not correct. The petitioner is in custody from 16.02.2025. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grants him bail.

6. Public Prosecutor opposed the bail application. The Public Prosecutor submitted the petitioner is involved in yet another case also, in which minor IPC offences are alleged.

7. This Court considered the contention of the petitioner and the Public Prosecutor. It is true that the allegation against the petitioner is very serious. But the fact remains that the petitioner is in custody from 16.02.2025. Indefinite incarceration of the petitioner is not necessary. Considering the facts and circumstances of the case, I think the petitioner can be released on bail after imposing stringent conditions. But, in Davis P.R. v. State of Kerala [2025 (2) KHC 6], this Court observed that if there is trespass and mischief, there can be a direction to deposit the amount of damage, subject to the investigation and trial, if any. In this case, the damage alleged to be committed by the petitioner is Rs.8,500/-. There can be a direction to the petitioner to deposit the said amount before the Jurisdictional Court. With that condition this bail application can be allowed.

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.”

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10. In Manish Sisodia v. Directorate of Enforcement [2024 KHC 6426],