K.Senthilnathan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9540 of 2022 K.Senthilnathan ..Petitioner Vs.
State rep. by The Inspector of Police, Vigilance and Anti-Corruption, Nagapattinam.
(Crime No.01 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.01 of 2022 on the file of the Respondent Police seeks bail. For Petitioner : Mr.T.Padmanabhan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 25.02.2022 for the offences punishable under Sections 7 of Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amendment) Act 2018 in Crime No.01 of 2022, on the file of the respondent police, seeks bail.
2. The petitioner herein was alleged to have received a bribe amount of Rs.5,000/- from the defacto complainant for mutation of patta.
3. The learned counsel for the petitioner would submit that the petitioner was arrested on 25.01.2022 and he is in prison till date. He further submits that the investigation is completed and have an effective defence that he may be released on bail.
3. The learned Additional Public Prosecutor submits that the investigation is completed and chemical analysis report is awaited.
4. Considering the fact that investigation almost completed and the petitioner herein who worked as a VAO at the time of occurrence is now been placed under suspension that there is no scope for abscondance, this Court is inclined to grant bail to the petitioner.
5. 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.1,00,000/- (Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate/Assistant Sessions Court cum Special Judge Nagapattinam. (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 shall report before the Investigating Officer daily at 10.30 am 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/- 26/04/2022 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/ ASSISTANT SESSIONS COURT CUM SPECIAL JUDGE, NAGAPATTINAM.
2 THE OFFICER INCHARGE, DISTRICT JAIL, NAGAPATTINAM DISTRICT.
3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, NAGAPATTINAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.T. PADMANABHAN Advocate on payment of necessary charges SR.NO. 6219 CRL OP.9540/2022 Date :26/04/2022 RW 26/04/2022