Rajasekaran v. State Rep Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.OP.No.15645 of 2021 Rajasekaran ... Petitioner Vs.
State rep by The Inspector of Police, Vigilance and Anti corruption, Chennai City-II.
(Crime No.05/AC/2021/CC-II) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioner on bail in Crime No..05/AC/2021/CC-II on the file of the respondent police. For Petitioner : Mr.P. Saranth For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 13.08.2021 for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 ( amended) Act, 2018 in Cr.No. 05/AC/2021/CC-II on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner who is working as Superintendent in the office of Assistant Commissioner of Urban Land Tax of Tambaram Zone demanded illegal gratification of Rs.5,000/- from the defacto complainant for land regularization . Hence, the complaint was registered.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 13.08.2021 However, on instructions he further submits that without prejudice to his defence and contentions, the petitioner on his own volition, is willing to contribute a sum of Rs.25,000/- for the purpose of improving and maintaining the Government Schools Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner demanded bribe of Rs.5,000/- from the defacto complainant for land regularization. He further submits that there is no previous case pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.
5. Considering the facts of the case and there is no previous case pending against the petitioner and also considering the period of incarceration suffered by the petitioner , 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.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate at Chengalpattu and on further condition that:
(a) the petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees twenty five Thousand only) to the credit of the Chief Educational Officer, Chengalpattu District for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgement, without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgment, shall accept the sureties furnished by the petitioner;
(b)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; (c)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
7. In the result, this Criminal Original Petition is ordered and the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Director of School Education as and when such works are completed by utilising the money as ordered by this Court.
-sd/- 31/08/2021 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 CHIEF JUDICIAL MAGISTRATE AT CHENGALPATTU 2 THE OFFICER INCHARGE, SUB JAIL, CHENGALPATTU 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VIGILANCE AND ANTICORRUPTION, CHENNAI CITY-II, 5 THE CHIEF EDUCATIONAL OFFICER CHENGALPATTU DISTRICT CC to M/S.P.SARANATH Advocate on payment of necessary charges SR.9292 CRL OP.15645/2021 Date :31/08/2021 RVR 01/09/2021