Madras High CourtCRL OP/11956/2022granted

E.Jeyaganesan v. State, Represented By

2022-06-01Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.11956 of 2022 E.JEYAGANESAN [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, TIRUPPUR DISTRICT.

(CRIME NO.06/2022) For Petitioner : M/S.E.K.KUMARESAN Advocate For Respondent : M/S.E.RAJ THILAK, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is A1, who was arrested and remanded to judicial custody on 06.05.2022 for the alleged offence under Section 7 of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amended) Act, 2018 in Crime No.6 of 2022 on the file of the Vigilance & Anti- Corruption, Tiruppur District, seeks bail.

2. The case of the prosecution is that, when the defacto complainant requested the petitioner for the issuance of final order copy for the tax dues for the period 2011 to 2017, the petitioner demanded a sum of Rs. 10,00,000/-. Hence, defacto complainant filed a complainant before the respondent police and an FIR has been registered on 06.05.2022 under section 7 of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amended) Act, 2018 in Crime No. 6 of 2022.

3. It has been stated that the petitioner has been in custody from 06.05.2022 and the entire amount has been recovered. Taking into consideration the fact that the investigation has progressed and recovery has also been made, this Court is inclined to grant bail to the petitioner.

4. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate Court, Tiruppur 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.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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.

-sd/- 01/06/2022 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 TIRUPPUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI - CORRUPTION, TIRUPPUR DISTRICT.

4 THE OFFICER INCHARGE SUB JAIL, TIRUPPUR DISTRICT.

+1 CC to M/S.E.K.KUMARESAN Advocate on payment of necessary charges SR.NO.8257 CRL OP.11956/2022 Date :01/06/2022 TA-02/06/2022