G.Santhosh v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN G.Santhosh

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Vigilance and Anti Corruption, The Nilgiris.

(Crime No.2 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.2 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.K.Balasubramaniam For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 22.02.2025, seeking bail Page No.1 of 6

in Crime No.2 of 2025 registered for the offence under Section 7 of Prevention of Corruption (Amendment) Act, 2018. 2.It is the case of the prosecution that the defacto complainant had approached the petitioner, who was working as District Elementary Educational Officer, Udhagamandalam, for sanctioning the arrears of salary from 17.01.2018 as per the judgment of this Court in W.P.No.10521 of 2024 and that the petitioner had demanded a sum of Rs.5 lakhs to approve and to release the salary and had received Rs.2 lakhs as advance and thus committed the aforesaid offences.

3.The learned counsel for the petitioner would submit that the petitioner is in custody from 22.02.2025; and that considering the period of incarceration, further custody of the petitioner is not required and sought for bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that in order to comply with the direction of this Court, the petitioner had demanded money and that the cash Page No.2 of 6

of Rs.2 lakhs was recovered and that the petitioner was arrested during trap proceedings.

5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the aforesaid facts, the nature of allegations, period of incarceration and since further custody of the petitioner is not required, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Chief Judicial Magistrate, Udhagamandalam, 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, everyday at 10.30 a.m., until further orders; Page No.3 of 6

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

11.03.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Vigilance and Anti Corruption, The Nilgiris.

2.The Chief Judicial Magistrate, Udhagamandalam. 3.Sub Jail, Coonoor.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 11.03.2025 Page No.6 of 6