Karthik @ Karthikeyan vs Inspector Of Police

B.Pugalendhi, J

The petitioner, who was arrested on 24.02.2023 in connection with a Woman Missing @ Sections 365, 506(ii) and 376(i) of IPC in Crime No.126 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused have kidnapped the defacto complainant's wife at knife point and had forcible intercourse with her.

3.The learned counsel for the petitioner submits that when the petitioner and the defacto complainant's wife were working in Coimbatore, he had an extra marital affair with her. He further submits that he has advised the petitioner not to disturb the defacto complainant's wife and the petitioner also accepted his advice and had also filed an undertaking affidavit before the respondent police to that effect.

4.The learned Additional Public Prosecutor appearing for the respondent has strongly objected for grant of bail that the petitioner has has taken the defacto complainant's wife at knife point.

5.Considering the change of attitude of the petitioner 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 on the following conditions:-

i) The petitioner shall execute 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 learned Judicial Magistrate, Otanchathiram, Dindigul District.

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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. He has to co-operate for the investigation.

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

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