P.V.KUNHIKRISHNAN, J.

1. This Bail Application is filed under Section 439 of Criminal Procedure Code.

2. Petitioner is the accused in Crime No.254 of 2021 of Agali Police Station. The above case is registered against the petitioner alleging offence punishable under Section 302 of Indian Penal code.

3. The prosecution case is that on 03.09.2021 at 4.00 p.m, the accused committed murder of de facto complainant’s mother with whom he was residing at Thazhemulli by causing bodily injuries to her. Hence it is alleged that the accused committed the offence.

4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 16.09.2021 onwards. The investigation of the case is already over. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner committed serious offence. It is true that the offence alleged against the petitioner is serious. But the petitioner is in custody from 16.09.2021 onward. Almost 7½ months over. The final report is already filed and now the matter is pending before the Sessions Court as S.C.No.196/2022. There is no chance to take up the above case for trial immediately. Indefinite incarceration of the petitioner may not be necessary in this case. Considering the entire facts and circumstances of the case, I think, the petitioner can be released on bail on stringent conditions.

5. 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 [LQ/SC/2019/1822 ;] ">(2019 (16) SCALE 870 [LQ/SC/2019/1822 ;] [LQ/SC/2019/1822 ;] ), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same in as much 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.

6. 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 not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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. 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 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.