Thirunavukarasu v. The State Rep By The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.04.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN Thirunavukkarasu S/o. Ramanujam ... Petitioner / Accused Vs State rep. by:- The Deputy Superintendent Of Police, Vigilance and Anti Corruption Police, Villupuram District.

... Respondent [Cr. No.04/2025/AC/VPM] PRAYER: - Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Cr.No.04/2025/AC/VPM, pending investigation on the file of the respondent Police.

For Petitioner : Mr.V.R. Appaswamee For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side]

ORDER

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This Criminal Original Petition has been filed by the petitioner/accused, who was arrested and remanded to judicial custody on 02.04.2025, seeking bail in Cr. No.04/2025/AC/VPM registered for the offences under Section 7 of Prevention of Corruption Act.

2. The case of the prosecution is that the petitioner, a Village Administrative Officer of Udayanthangal Village, demanded a sum of Rs.5,000/- as bribe from the defacto complainant for issuing Patta.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that he has not demanded any money from the defacto complainant as alleged by the prosecution; that in any case, further custody of the petitioner is not required for the purpose of investigation; and that considering the period of incarceration of the petitioner, he may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and objected for grant 2/5

of bail.

5. Considering the nature of allegations, the period of incarceration and the fact that the allegations are borne out by records, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Court for Prevention of Corruption Act Cases, Villupuram 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;

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[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 269 B.N.S. 21.04.2025 mjs 4/5

SUNDER MOHAN. J., mjs To

1. The Special Court for Prevention of Corruption Act Cases, Villupuram.

2.The Deputy Superintendent Of Police, Vigilance and Anti Corruption Police, Villupuram District.

3. The District Jail, Villupuram.

4. The Public Prosecutor, High Court of Madras.

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