BY AD vs ADVOCATE GENERAL OFFICE KERALA

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

2. Petitioner is the accused in Crime No.236/2025 of Anthikkad Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 126(2), 115(2) and 103(1) of the Bharatiya Nyaya Sanhita (for short, BNS).

3. The prosecution case is that, due to previous enmity towards one Mohanan, who is the father of the defacto complainant's friend, on 22.02.2025 at about 08.45 am, in front of the union office, Eravu Aramkallu, the accused committed murder of the aforesaid Mohanan in a scuffle between them by forcefully pushing him on the ground. Hence it is alleged that the accused committed the offence. BAIL APPL. NO. 4349 OF 2025 3

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

5. The counsel for the petitioner submitted that the petitioner is in custody from 23.02.2025. The counsel submitted that even if the entire allegations are accepted, the ingredients of Section 103 of BNS is not attracted and the petitioner is ready to abide any conditions if this Court grant him bail. The Public Prosecutor opposed the bail application and submitted that the petitioner committed murder and the allegation against him serious. But the Public Prosecutor conceded that, no criminal antecedent is alleged against the petitioner.

6. This Court considered the contentions of the petitioner and the Public Prosecutor. The main overt act attributed to the petitioner is that he pushed down the deceased, the deceased sustained injury and he succumbed to the injury. The petitioner is in custody from 23.02.2025. No criminal antecedent is alleged against the petitioner. Considering the facts and circumstances of the case, I think the petitioner can be released on bail after imposing stringent BAIL APPL. NO. 4349 OF 2025 4 conditions.

7. 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.

8. 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 BAIL APPL. NO. 4349 OF 2025 5 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.” (underline supplied)

9. 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 that the trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach. On account of non - grant of bail even in straight BAIL APPL. NO. 4349 OF 2025 6 forward open and shut cases, this 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 should recognize the principle that "bail is rule and jail is exception".”

10. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:

1. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co- operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any BAIL APPL. NO. 4349 OF 2025 7 person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

3. Petitioner shall not leave India without permission of the jurisdictional Court.

4. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also.

6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this BAIL APPL. NO. 4349 OF 2025 8 Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions. sd/- P.V.KUNHIKRISHNAN JUDGE