S.Anbumani v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.13593 of 2022 S.Anbumani .. Petitioner Vs.

The Station House Officer, V & AC, Villupuram.

(Crime No.05 of 2022) .. Respondent PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail by the respondent in Crime No.05 of 2022 on the file of the respondent Police. For Petitioner : Mr.N.U.Pressanna For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.05.2022 for the offence punishable under Section 7 of Prevention of Corruption Act amended as 2018 in Crime No.05 of 2022 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner who is a Taluk Surveyor had received a sum of Rs.10,000/- from the defacto complainant as bribe for issuance of patta. Hence, the present case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he is no way connected with the offence as alleged by the prosecution. However, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner being a Taluk Surveyor had received a sum of Rs.10,000/- as a bribe. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances of the case, and also taking note of the fact that the petitioner is in judicial custody from 16.05.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the Special Court of the Vigilance and AntiCorruption 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. [b] the petitioner shall report before the respondent Police daily Morning at 10.30 a.m. and Evening 05.00 p.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 229A IPC.

-sd/- 13/06/2022 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 SPECIAL COURT OF THE VIGILANCE AND ANTI-CORRUPTION CASES, VILLUPURAM 2 STATION HOUSE OFFICER V AND AC, VILLUPURAM 3 THE OFFICER INCHARGE DISTRICT JAIL, VEDANPATTU, VILLUPURAM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S N.U.PRESSANNA Advocate on payment of necessary charges SR.NO.8995 CRL OP.13593/2022 Date :13/06/2022 JPA 13/06/2022