G.Palaniyappan v. The State Of T.Nadu Rep. Y

T.V.THAMILSELVI, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 7 of the Prevention of Corruption Act, 1988 in Crime No.2 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto-complainant applied for a building license by filing Form-D application in the prescribed format. The said application was received and forwarded to this petitioner. Further, this petitioner demanded bribe of Rs.20,000/- from the defactocomplainant for the clearance of the defacto-complainant's building license file. On instruction, the Village Administrative Officer received bribe from the Defacto-complainant. The respondent police conducted trap proceedings and arrested the Village Administrative Officer. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that this petitioner has not demanded any bribe amount to the defactocomplainant. This petitioner arrayed as accused based on the confession statement of Village Administrative Officer. This petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent raised objection and stating that at the instigation of this petitioner, the Village Administrative Officer had demanded bribe amount of Rs.20,000/- from the Defacto-complainant. The respondent police conducted detailed enquiry and the investigation is at preliminary stage. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and also the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Considering the facts and circumstances of the case and the submissions made by the counsels and on considering the fact that investigation is at preliminary stage and it necessitates a detailed investigation. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. 22.08.2024 gvn

T.V.THAMILSELVI, J., gvn 22.08.2024