Sundararajan v. The State Of Tamilnadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.05.2021
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.O.P.No.9360 of 2021 Sundrarajan .. Petitioner
Versus
The State of Tamilnadu rep. by Inspector of Police Vigilance and Anti Corruption Salem District (Cr. No.7/AC/2021) .. Respondent Prayer:-Criminal Original Petition filed under Section 439 of the Code of Criminal Procedure seeking to enlarge the petitioner on bail in Cr. No.7/AC/2021 on the file of the respondent police. For Petitioner : Mr.M. Devaraj For Respondent : Mr.E.Rajthilak Counsel for Government (Crl side)
ORDER
The petitioner, who was arrested and remanded to Judicial Custody on 26.04.2021 for the offence punishable under Section 7 (a) of the Prevention of Corruption Amendment Act 2018 in Cr. No.7/AC/2021 on the file of the Vigilance and Anti Corruption, Salem District, has filed the present bail application.
2. The case of the prosecution is that the petitioner has demanded and accepted illegal gratification of Rs.7,000/- for fixing temporary electricity connection to the defacto complainant's farm house and based on the complaint the petitioner was trapped and arrested and remanded to judicial custody on 26.04.2021.
3. Mr. M. Devaraj, the learned counsel for the petitioner contended that the petitioner is innocent and that he has not committed any offence.
4. The learned counsel appearing for the Government (Crl.Side), contended that the investigation is still pending and opposed the bail petition.
5. Considering the period of incarceration and also considering the present pandemic situation, this Court is inclined to grant bail to the petitioner and 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.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Central Prison, Salem, in which the petitioner is confined and thereafter, on his release, (b) the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for like sum to the satisfaction of the learned Special Judge, (Special Court for Trial of cases under Prevention of Corruption Act), Salem, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;:
(C) 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.
(d) the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders. (e) the petitioner shall not abscond either during investigation or trial.
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial. (g) On breach of any of the aforesaid conditions, the learned Special Judge, (Special Court for Trial of cases under Prevention of Corruption Act), Salem, 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 Special Judge, (Special Court for Trial of cases under Prevention of Corruption Act), Salem, himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
(h)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 19/05/2021 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 SPECIAL JUDGE, (SPECIAL COURT FOR TRIAL OF CASES UNDER PREVENTION OF CORRUPTION ACT), SALEM.
2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, SALEM DISTRICT.
+1CC to M/S.M.DEVARAJ Advocate on payment of necessary charges SR.NO.6250 CRL OP.9360/2021 Date :19/05/2021 MK:21/05/2021