Balaji v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6631 of 2022 Balaji .. Petitioner Vs.
State rep. by The Inspector of Police, Directorate of Vigilance & Anti-Corruption, Vellore, Vellore District.
(Crime No.1 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner/sole accused on bail in Crime No.1 of 2022, pending investigation on the file of respondent police.
For Petitioner : Mr.T.Saravanan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioner, who was arrested on 29.01.2022 for the offences punishable under Section 7(a) of Prevention of Corruption (Amendment) Act 2018 in Crime No.1 of 2022, on the file of the respondent police, seeks bail.
2.It is a case of trap wherein the petitioner herein was caught red-handed, while receiving a bribe amount of Rs.8,000/- for issuing patta to the defacto complainant. The petitioner was arrested on 29.01.2022.
3.Learned Additional Public Prosecutor for the respondent states that the substantial portion of the investigation completed except receipt of the chemical analysis report.
4. Considering the above fact, this Court grants bail to the petitioner herein and he is ordered to be released on bail subject to the following conditions;
(a) The petitioner shall execute a bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Vellore.
(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 is directed to report before the Investigating Officer daily at 10.30 a.m. until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) 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];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 23/03/2022 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 CHIEF JUDICIAL MAGISTRATE VELLORE.
2 THE INSPECTOR OF POLICE, DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION, VELLORE DISTRICT.
3 THE OFFICER INCHARGE SUB JAIL, GUDIYATHAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S T.SARAVANAN Advocate on payment of necessary charges SR.No.4341 CRL OP.6631/2022 Date :23/03/2022 CSK 23/03/2022