Srinivasan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1469 of 2021 Srinivasan ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, Vigilance and Anti Corruption Ariyalur, Ariyalur District.

(Crime No.7 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.7 of 2020 pending investigation on the file of the Respondent. For Petitioner : Mr.R.Subramaniyan For Respondent : Mr.M. Prabavathi, APP

ORDER

(The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 29.12.2020 for the offence punishable under Section 7(a) of the Prevention of Corruption Act 1988, seeks bail.

2. The case of the prosecution is that the petitioner, who was working as a Firka Surveyor, said to have demanded a sum of Rs.5000/- as bribe from the de-facto complainant for survey his land and based on his complaint, trap was conducted and the petitioner got red-handed. Hence the complaint came to be registered.

3. The learned counsel for the petitioner would submit that the the petitioner has been falsely implicated in this case and he has not received any amount as bribe and hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was working as Firka Surveyor and he received a sum of Rs.5,000/- as bribe from the defacto complainant and he got red-handed. She would further submit

that investigation has also been completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the said facts and circumstances of the case and the fact that investigation in this case has also been completed and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.,I, Jayamkondam and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 03/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, JAYAMKONDAM.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, ARIYALUR, ARIYALUR DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

CC to M/S.R.SUBRAMANIYAN Advocate on payment of necessary charges CRL OP.1469/2021 Date :03/02/2021 TA-04/02/2021