G.Karthik vs Inspector Of Police

B.Pugalendhi, J

The respondent police registered a case as against this petitioner in Crime No.12 of 2024 for the offence under Sections 147, 148, 294(b), 323, 342, 352, 354A, 302 and 506(2) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, and remanded him into judicial custody on 11.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2.The deceased is the husband of the defacto complainant. The case of the prosecution is that on 08.01.2024 at about 9.00 p.m. the accused persons have unlawfully assembled with deadly weapons, trespassed into the house of the defacto complainant and also attacked them. A3 attacked the deceased with stone, when A2 and A4 caught hold of him and A1 stabbed with knife on his right rib and caused death. Hence, the case.

3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has been falsely implicated in this case and A7 to A9 were already enlarged on bail by this Court in Crl.O.P.(MD)Nos.2211 and 5566 of 2024, respectively. However, the petitioner was arrested and he is languishing in jail from 11.03.2024. Therefore, he prays for grant of bail.

4.The learned Additional Public Prosecutor appearing for the respondent submits that the investigation has been completed and the charge sheet is also filed before the concerned Court. Hence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case, the co-accused were already enlarged on bail by this Court, final report is also filed and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail

i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the Principal Munsif cum Judicial Magistrate Court, Athoor.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. He has to co-operate for the investigation;

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.