← Library
Madras High CourtCRL OP/1547/2026granted

Devi v. State Rep By

2026-01-27Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.1547 of 2026 Devi ... Petitioner

Versus

State rep by its, The Inspector of Police, Vigilance and Anti Corruption Wing, Namakkal (Crime No.01/Ac/2026) .. Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.01/Ac/2026 on the file of the respondent police.

For Petitioner :

Mr.T. Dhasarthan For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) *********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.01.2026 for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988 as amended in 2018 in Crime No.01/Ac/2026 , registered on the file of the respondent police, seeks bail. 1/5

2. The allegation against the petitioner/A2 who is working as a Village Assistant along with A1/Village Administrative officer has demanded a sum of Rs.20,000/- as bribe from the defacto complainant for not initiating and forwarding the report against him for cutting the palm trees without obtaining prior permission from the concerned authorities. Hence, the defacto complainant has given a complaint to the Vigilance and Anti Corruption and thereafter a trap was organized and the petitioner was caught red handed. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 06.01.2026 and she is also suspended from the services . He further submitted and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the petitioner had demanded bribe for not taking against the defacto complainant who has not followed the procedures to cut down the palm trees. He further submitted that major part 2/5

of the investigation is completed.

5. Considering the submissions made on both sides, facts and circumstances of the case and the petitioner was suspended from the services and major part of the investigation is completed and taking note of the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Principal Sessions Judge, Namakkal District 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial;

3/5

[d] the petitioner shall not tamper with the 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

27.01.2026 smn To 1.The Principal Sessions Judge, Namakkal District 2.The Inspector of Police, Vigilance and Anti Corruption Wing, Namakkal

3. The Superintendent, Central Prison, Salem 3.The Public Prosecutor, High Court, Madras.

4/5

K.RAJASEKAR, J.

smn CRL.O.P.No.1547 of 2026 27.01.2026 5/5