Bail is the rule, Jail the exception: Madras HC reprimands authorities

In an order passed yesterday, the Madras High Court made a note to highlight the two oft-neglected cardinal principles, namely that bail is the rule and jail is the exception, and persons accused of having committed a crime are presumed to be innocent unless proved guilty..Justice MS Ramesh was constrained to reiterate these principles while allowing a bail plea moved by a person arrested for having gotten into an argument with the complainant..The judge reprimanded the authorities for casually pressing for the detention of accused persons, even in respect of petty offences. It was observed,.“…the trial Courts have, of late, lost insight of two cardinal principles of criminal jurisprudence, while dealing with an application for grant of bail or anticipatory bail..Though the Honourable Supreme Court has time and again reiterated these cardinal principles… even in petty offences, matrimonial disputes, criminal and commercial disputes, etc., the police have been invoking their powers vested to them during the pre-independence era and seeking for remand of these persons. .Likewise, the jurisdictional trial Courts have also been mechanically remanding such persons, overlooking these cardinal principles.”.The Court observed that the detention of the accused would be justified when the crime in question is a serious one or when the accused is a habitual offender. However, instead of confining the use of this measure to such cases, even those accused of petty crimes were being detained routinely. As observed in the order,.“It is common knowledge that the persons, who are alleged to have been involved for offences under Sections 294(b) and 506(i) of IPC and other petty offences are being produced by the Investigating Officer before the jurisdictional Magistrate for remanding them and most of the time, such an action is taken even on the same day, on which the complaint is received and the FIR is registered. .Likewise, matrimonial disputes, civil disputes, and other commercial disputes are being veiled with a criminal color and indiscriminate arrests are being made.”.The Court, therefore, emphasized that it is time that the authorities remind themselves of the above mentioned cardinal principles to restrict the cases in which jail time is insisted on..“In view of the aforesaid well established cardinal principles, it would be appropriate that the Investigating Officer as well as the trial Court reappraise themselves about these cardinal principles and cautiously refrain from remanding the persons involved. .The averments made in a complaint may not be of such a serious nature, which might require arrest of the accused, unless and until the Investigating Officer comes to the conclusion that such an arrest is imminent and absolutely necessary.”