Dheenadhayalan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Dheenadhayalan ..Petitioner Vs.

State represented by The Inspector of Police, Vigilance and Anti Corruption, Tiruvannamalai.

(Crime No.2 of 2024). ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.2 of 2024 on the file of the respondent police.

For petitioner : Mr.Adithya Varadarajan For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.02.2024 for the offences registered by the respondent Police under 1/4

Section 7 of the Prevention of Corruption Act, 1988 as amended by the PC (Amendment) Act, 2018 in Crime No.2 of 2024 on the file of the respondent, seeks bail.

2.It is stated that the petitioner was working as Firka Surveyor and had demanded bribe of Rs.5,000/-. A trap was set and it was successful. The petitioner was caught red handed demanding and accepting the bribe. The bribe amount was also recovered.

3.Now the prosecution will have to establish the case during the trial.

4.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioner is ordered to be released on bail on condition to execute a separate 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 Chief Judicial Magistrate, Tiruvannamalai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 2/4

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. [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 229A IPC.

19.03.2024 vkr 3/4

C.V.KARTHIKEYAN.

J.

vkr To 1.The Chief Judicial Magistrate, Tiruvannamalai.

2. The Central Prison, Vellore.

3.The Inspector of Police, Vigilance and Anti Corruption, Tiruvannamalai.

4.The Public Prosecutor, High Court of Madras. 19.03.2024 4/4