Jiby Mathew M Vs State of Kerala (Kerala High Court)
The Kerala High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the sole accused in a vigilance case registered for an offence under Section 7(a) of the Prevention of Corruption Act. The prosecution alleged that the accused demanded a bribe of ₹5,000 from the complainant for effecting mutation of property and payment of land tax. It was further alleged that on 28.11.2015, the accused accepted the said amount and was caught red-handed by vigilance officials, leading to registration of the crime.
The accused sought bail contending that he had been in judicial custody for more than 25 days, that he was willing to cooperate with the investigation, and that the investigation was practically complete. The Public Prosecutor opposed the bail plea but submitted that if bail were to be granted, strict conditions could be imposed.
The Court reiterated the settled principle that “bail is the rule and jail is the exception,” relying on decisions of the Supreme Court, including P v. Directorate of Enforcement, Jalaluddin Khan v. Union of India, and Manish Sisodia v. Directorate of Enforcement. These judgments emphasize that bail should not be withheld as a form of punishment and that denial of bail in deserving cases would violate the right to personal liberty under Article 21 of the Constitution. The Court observed that even where allegations are serious, the duty of courts is to objectively assess whether a case for bail is made out in accordance with law.
