Sangeetha v. The Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No. 18652 of 2023 Sangeetha
...Petitioner
Vs.
The State Represented by, The Station House Officer, Vigilance & Anti Corruption, Villupuram.
Crime No. 03 of 2023
...Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in Crime No. 03 of 2023 on the file of the respondent police.
For Petitioner : Mr.V.Janarthanan For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 24.07.2023 for the offences punishable under section 7 of the Prevention of Corruption Act, 1988 in Crime No. 03 of 2023 on the file of the respondent police, seeks bail.
2. The learned counsel for the petitioner submitted that, petitioner demanded a sum of Rs.1000/- as bribe from defacto complainant for issuing death certificate of her husband, his father, namely Manickam and Savari Muthu. He further submitted that, Manickam was dead long back and it took some time for enquiry and submitting the report before the Tahsildar. Aggrieved against the delay, false complaint was given. Petitioner is in judicial custody from 24.07.2023. Thus, he prays for grant of bail.
3. In reply, the learned Additional Public Prosecutor submitted that, petitioner had demanded a sum of Rs.1,000/- for issuing death certificates of Manickam and Savari Muthu. Defacto complainant did not like to give bribe and therefore gave a complaint before the 2/6
respondent police. Therefore, a trap was set up. Trap ended in successful and petitioner was got red handed while receiving the bribe amount.
4. Considering the fact that it is a trap case and the petitioner was arrested while receiving the bribe amount and the eye-witnesses in this case are officials and the petitioner is in Judicial Custody from 24.07.2023 and that the material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner.
5. Accordingly, petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Full Additional Charge of the Special Court of the Vigilance & Anti-Corruption Case, Villupuram and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 3/6
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 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 229A IPC. 23.08.2023 sma/mac 4/6
To 1.Chief Judicial Magistrate, Full Additional Charge of the Special Court of the Vigilance & Anti-Corruption Case, Villupuram.
2. Central Prison for Women, Cuddalore.
3. The Station House Officer, Vigilance & Anti Corruption, Villupuram.
4.The Public Prosecutor, High Court of Madras.
G.CHANDRASEKHARAN. J.
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