The principle that bail is the rule and refusal is the exception was underscored, emphasizing the necessity for judicious bail practices.

ORDER

The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( ‘the BNSS ’ for short) 2023, by the accused in Crime No.1066/2025 registered by the Vadakekad Police Station, Thrissur, alleging the commission of offences punishable under Sections 115 (2), 126(2), 118(1) and 110 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023. The petitioners were arrested and remanded to judicial custody on 24.12.2025.

2. The crux of the prosecution case is that: on

23.12.2025, at around 14:45 hours, the accused persons, in furtherance of their common intention, wrongfully restrained the defacto complainant, and the 2^nd accused hit him on the rear side of his head, and as the result of the same, he hit against the electric post. When the defacto complainant got up, the 1^st accused hit him on his head with a granite stone. Furthermore, the 2^nd accused assualted a friend of the de-facto complainant. Thus, the accused have committed the above offences.

3. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

4. The learned counsel for the petitioners submits that the petitioners are innocent of the accusations levelled against them. They have been falsely implicated in the crime. The petitioners have been in judicial custody since 24.12.2025. The investigation in the case is practically complete and the petitioners have no other criminal antecedents.

5. The learned Public Prosecutor opposes the application. She submits that the investigation in the case is in progress. Therefore, the application may be dismissed.

6. The prosecution allegation against the petitioners is that, the petitioners have caused hurt and also attempted to commit murder of the defacto complainant. Indisputably, the petitioners have been in judicial custody since 24.12.2025.

7.

Recently, in Manish Sisodia v. Directorate of Enforcement [2024 INSC 595] the Honourable Supreme Court has 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 its experience, it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is the rule and refusal is an exception is, at times, followed in breach. On account of non-grant of bail even in straight forward open and shut cases, the Honourable Supreme Court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the High Courts recognize the principle that “bail is the rule and jail is an exception.

8. On an overall consideration of the facts, the rival submissions made across the Bar and the materials placed on record, particularly on considering the fact that the petitioners have been in judicial custody since 24.12.2025, the investigation in the case is complete, recovery has been effected, and furthermore, the petitioners do not have any criminal antecedents, I am of the view that the petitioners’ further detention is not necessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioners shall appear before the Investigating Officer on every second and fourth Saturday between 9 a.m. and 11 a.m till the final report is laid. They shall also appear before the Investigating Officer as and when required;

(ii) The petitioners