Bail is the rule and jail is an exception, and the right to bail cannot be denied merely due to the sentiments of the society or the criminal antecedents of the accused.

The application is filed under Section 439 of the Code of Criminal Procedure , 1973, by the fourth accused in Crime No.14/2024 of the Cyber Crime Police Station, Thrissur, registered against the accused for allegedly committing the offences punishable under Section 420 of the Indian Penal Code , 1860 and Section 66 D of the Information Technology Act . The petitioner was arrested on 19.05.2024.

2.The essence of the prosecution case is that; the accused, in furtherance of their common intention and under the guise of giving online jobs to the public, induced the defacto complainant to transfer Rs. 4,73,400/- to different bank accounts of the accused on the assurance of getting him an online job and paying him commission. However, the accused only paid Rs. 3,850/-. Thereafter, the accused did not pay any commission or return any capital. Thus, the accused have committed the above offences.

3. Heard; Sri.Sreejith. C.K, learned counsel appearing for the petitioner and Smt. Seetha.S, the learned Senior Public Prosecutor.

4.The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. There is no material to substantiate that the petitioner has received any consideration from the defacto complainant. The petitioner has been in judicial custody for the last 53 days, the investigation in the case is practically complete, and recovery has been effected. Hence, the application may be allowed.

5. The learned Public Prosecutor opposed the application. She submitted that the investigation in the case is in progress. She also submitted that the petitioner is a person with criminal antecedents, since he is involved in two other cases of similar nature. If the petitioner is released on bail, there is a likelihood of him intimidating the witnesses and tampering with the evidence. Hence, the application may be dismissed.

6. The prosecution allegation against the petitioner is that, the accused, in furtherance of their common intention, had cheated the defacto complainant by assuring him an online job and paying him commission, and he received Rs.4,73,400/- . However, the accused did not provide any job or commission, and did not return the capital. The fact remains that the petitioner has been in judicial custody since 19.05.2024, the investigation in the case is practically complete, and recovery has been effected.

7. It is well settled in Hussainara Khatoon (I) v. Home Secy., State of Bihar [ (1980) 1 SCC 81 ], that merely because a person has an antecedent, the same shall not be treated as a ground to deny bail to that person.

8. In Dataram Singh v. State of U.P. [ (2018) 3 SCC 22 ] the Honourable Supreme Court observed that grant of bail is the rule and putting a person in jail is an exception. Even though the grant of bail is entirely the discretion of the court, it has to be evaluated based on the facts and circumstances of each case and the discretion has to be exercised in a judicious and compassionate manner.

9. The principle that bail is the rule and jail is an exception is on the touch stone of Article 21 of the Constitution of India. Once the charge sheet is filed, a strong case has to be made out for continuing a person in judicial custody. The right to bail cannot be denied merely due to the sentiments of the society.

10. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly taking into consideration the fact that the petitioner has been in judicial custody for the last 53 days, the investigation in the case is practically complete and recovery has been effected, I am of the definite view that the petitioner’s further detention is unnecessary. Hence, I am inclined to allow the bail application, but subject to stringent conditions. In the result, the application is allowed, by directing the petitioner to be released on bail on him