Nallasamy v. State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Nallasamy ...Petitioner/A-1 in Crl.O.P.No.138 of 2025 SarathKumar ...Petitioner/A-2 in Crl.O.P.No.149 of 2025 Vs.
The State, rep. by Deputy Superintendent of Police, Vigilance and Anti Corruption, Erode.
Crime No.9/AC/2024/ER ...Respondent in both Crl.O.P.No's PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.9/AC/2024/ER, pending investigation on the file of the respondent Police.
For Petitioners in both Crl.O.P.No's : Mr.P.Kannankumar For Respondent in in both Crl.O.P.No's: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) COMMON- ORDER Petition seeking bail in respect of Crime No. 9/AC/2024/ER registered for the offence punishable under Section 7(b) of Prevention of Corruption Act as amended by Prevention of Corruption (Amendment) Act, 2018, is on board for 1/6
consideration.
2. The incarceration of the petitioners being from 14.12.2024 pleading innocence on the part of the petitioners and false implication in the case, the learned counsel for the petitioners seeks indulgence of this Court. He would submit that the defacto complainant has given a false complaint against the petitioners. He would further submit that the petitioners are no way connected with the alleged offences and they are ready to abide by any stringent conditions that may be imposed by this court.
3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that, the petitioners/A-1 and A-2 are Zonal Deputy Tahsildar and Village Administrative Officer respectively at Taluk Office, Perundurai. He would submit that the petitioners have demanded bribe for the change of Patta from the defacto complainant and they were arrested for receiving bribe.
4. Having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent Police and perused the 2/6
materials available on record, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing separate bond each for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate/ Special Judge, Erode, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate 3/6
action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
07.01.2025 dsn 4/6
To
1. The learned Chief Judicial Magistrate/ Special Judge, Erode.
2. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Erode.
3. The Superintendent, Sub Jail, Erode.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
dsn 07.01.2025 6/6