Sureshkumar @ Suresh v. State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8230 of 2022 Sureshkumar @ Suresh .. Petitioner Vs.
The State rep. by The Inspector of Police, Vigilance and Anti-Corruption Wings CC-II, Alandur, Chennai.
(Crime No.2/AC/2022/CC-II) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No. 2/AC/2022/CC-II on the file of the Inspector of Police, Vigilance and Anti-Corruption Wings CC-II, Alandur, Chennai. For Petitioner : Mr.T.R.Ravi.
For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioner, who was arrested for the alleged offences under Sections 7 and 12 of Prevention of Corruption (Amendment) Act 2018 in Crime No.2/AC/2022/CC-II , on the file of the respondent police, seeks bail.
2.This petitioner was arrested in a case of receipt of bribe of Rs.18,000/- by way of G-pay in the name of his wife on behalf of the other accused, who is working as VAO.
3.The case of the prosecution is that the petitioner, who is Assistant to the VAO, was approached for regularisation of the plot purchased by the defacto complainant. For discharging the said duty and 5ake spot inspection of the property by VAO, bribe of Rs.20,000/- was demanded and later settled to Rs.18,000/- and accordingly, the said amount was transferred through G-pay into the account of the petitioner's wife.
4.Learned Additional Public Prosecutor appearing for the respondent states that the investigation is under progress. The call details of the accused and others is secured and the enquiry regarding the persons who were in contact of this petitioner is to be conducted. 5.Taking note of the fact that this petitioner was arrested on 17.02.2022 and the substantial portion of the investigation is completed, this court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate cum Special Judge, Prevention of Corruption Act, Chengalpattu; (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/- 08/04/2022 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 CUM SPECIAL JUDGE, PREVENTION OF CORRUPTION ACT, CHENGALPATTU.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WINGS CC-II, ALANDUR, CHENNAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.T.R.RAVI Advocate on payment of necessary charges SR.No.5399 CRL OP.8230/2022 Date :08/04/2022 CSK 08/04/2022