R.Soundarraj v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.3812 of 2026 R.Soundarraj ... Petitioner -vsState Rep by, The Inspector of Police, Vigilance and Anti-Corruption, Dharmapuri, Dharmapuri District.

(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.

For Petitioner :

Mr.Swamisubramanian 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 alleged offences punishable under Section 7(a) of the Prevention of Corruption Act 1988 as amended 2018, in Crime No.01/AC/2026, registered on the file of the respondent police, seeks bail. 1/6

2. The allegation against the petitioner who is working as Surveyor in the Harur Division, Karimangalam Taluk is that he has demanded a sum of Rs.13,000/- from the defacto complainant to conduct survey and subdivide the land. Hence the defacto complainant has registered a complaint with the respondent and accordingly after registering of the F.I.R a trap was organized and at the time of receiving the money the petitioner was caught red handed and the result of the phenolphthalein test was also positive. It is also alleged that a sum of Rs.25,000/- was also found with the petitioner on the date of occurrence. Hence the case.

3. The learned counsel for the petitioner submitted that there was a legal dispute to conduct survey and subdivide the land. He further submitted before the date of occurrence survey was conducted and the same was also forwarded to the concerned Head Surveyor and there is no necessity for the petitioner to demand money. Since there was a legal dispute regarding the sub-division, a false complaint was lodged and the petitioner was arrested and he was in judicial custody from 06.01.2026,. Hence prays to grant bail.

4. The learned Government Advocate reiterated the prosecution case and submitted that the petitioner demanded money to discharge his official duty and phenolphthalein test was also positive and investigation in this case is not yet completed.

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5. Earlier, this Court dismissed the bail petition filed by the petitioner in Crl.OP.No.1334 of 2026 dated 22.01.2026 on the following reasons: "Considering the submissions made by both sides and the fact that a trap was laid and at the time of receiving the money the petitioner was caught red handed and the result of the phenolphthalein test was also positive and if the petitioner is released on bail he will attempt to tamper the evidence, this Court is not inclined to grant bail to the petitioner"

6. Though the earlier bail petition was dismissed by the petitioner, considering the period of incarceration and major part of investigation is already over by now, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Principal District and Sessions Court Judge, Dharmapuri, 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 3/6

weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;

[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.

17.02.2026 drl Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Principal District and Sessions Court Judge, Dharmapuri.

2.The Inspector of Police, Vigilance and Anti-Corruption, Dharmapuri, Dharmapuri District.

3.The Superintendent, District Jail, Dharmapuri.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.3812 of 2026 17.02.2026 6/6