The fundamental principle of criminal jurisprudence is the presumption of innocence, and bail is the rule and jail an exception, which should be evaluated based on the facts and circumstances of each case.

The application is filed under Section 439 of the Code of Criminal Procedure by the sole accused in Crime No.1356/2023 of the Alakode Police Station, Kannur, which is registered against him for allegedly committing an offence punishable under Section 302 of the Indian Penal Code . The petitioner was arrested and remanded to judicial custody on 14.11.2023.

2. The gravamen of the prosecution case is that: on 13.11.2023, at around 22.15 hours, the accused, out of his grudge towards his friend named Joshi (deceased), who was allegedly having an out of the marriage relationship with the accused's estranged wife, stabbed the deceased with a knife on his chest and he suffered fatal injuries and lost his life. Thus, the accused has committed the murder of the deceased.

3. Heard; Sri.V.T.Madhavanunni, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. There is no material to substantiate the petitioner's involvement in the case. The Investigating Officer has deliberately implicated the petitioner in the crime out of his animosity towards the petitioner. In any given case, the petitioner has been in judicial custody since 14.11.2023, the investigation in the case is complete and final report has been laid on 09.02.2024. The petitioner is a person without any criminal antecedents. His estranged wife has falsely lodged a complaint against him and Crime No.1047/2023 has been registered for allegedly committing the offence punishable under Section 498A of the IPC . In fact, the petitioner's estranged wife was having an out of the marriage relationship with the deceased. The two cases arise out of such relationship. The petitioner is totally innocent. The petitioner's further detention is unnecessary. Hence, the application may be allowed.

5. The learned Public Prosecutor opposed the application. The Investigating Officer has filed a bail objection report, inter alia, opposing the application. It is contended that, if the petitioner is released on bail, there is every 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 on 13.11.2023, out of the petitioner's grudge towards the deceased, he stabbed the deceased on his chest, and he lost his life. The materials on record reveal that the marital relationship between the petitioner and his wife is strained. His wife has lodged a complaint before the same Police Station and Crime No.1047/2023 is registered against the petitioner for allegedly committing the predicate offence under Section 498A of the Indian Penal Code . The prosecution alleges that it was out of the petitioner's grudge towards the deceased, since he was having an out of marriage relationship with the petitioner's wife, that he has committed the above offence.

The petitioner does not have any other criminal antecedents. Prima facie, on going through the materials on record, I find that the petitioner has committed the offence out of his hatred towards the deceased. However, that is a matter to be finally decided after trial.

7. In Sanjay Chandra v. CBI , [2012 1 SCC 40] , the Honourable Supreme Court has categorically held that the fundamental postulate of criminal jurisprudence is the presumption of innocence, until a person is found guilty.

Any imprisonment prior to conviction is to be considered as punitive and it would be improper on the part of the Court to refuse bail solely on the ground of former conduct.

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