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Madras High CourtCRL OP/20214/2025granted

K.R.Sabari Rajan v. The State Rep. By

2025-07-18Honourable Mr Justice M. Nirmal Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR K.R.Sabari Rajan ... Petitioner/Accused Vs.

State rep. by The Inspector of Police, Vigilance and Anti-Corruption Police Station, Coimbatore.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail concerned in Crime No.10 of 2025 on the file of the respondent police, now confined in Central Prison, Coimbatore.

For Petitioner :

Mr.H.Mohamed Rafi For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side) 1/8

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.06.2025, for the offence punishable under Section 7(a) of the Prevention of Corruption Act in connection with Crime No.10 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner is working as Executive Engineer, Operation and Maintenance in TANGEDCO, Coimbatore. He demanded a sum of Rs.20,000/- as bribe from the de-facto complainant's father for sanctioning the estimate amount with regard to shifting of electricity pole in his land. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the Junior Engineer is the competent person to make the field inspection and based on his report the estimation 2/8

will be sanctioned through the Assistant Divisional Engineer and Executive Engineer. The petitioner as an individual cannot manipulate the field inspection report as submitted by the Junior Engineer. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner is working as Executive Engineer, Operation and Maintenance in TANGEDCO, Coimbatore. He demanded a sum of Rs.20,000/- as bribe from the de-facto complainant's father for sanctioning the estimate amount with regard to shifting of electricity pole in his land. Hence, on 17.06.2025, complaint lodged before the respondent police, thereafter, trap laid and the petitioner caught red handed while receiving bribe amount. Hence, he strongly opposed for granting bail.

5. Heard both sides and perused the materials available on record. 3/8

6. Considering the submissions made and on perusal of the material, it is seen that the petitioner is an Executive Engineer in TANGEDCO, Coimbatore. He demanded bribe amount of Rs.20,000/- from the father of the de-facto complainant and thereafter on 17.06.2025, trap laid and it was proved successful. The petitioner handling bribe amount has been proved by phenolphthalein test. The petitioner is in prison for 55 days and it is a case of trap. In view of the same, this Court is inclined to grant bail to the petitioner with certain conditions.

7. 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 Special Judge, Special Court for Vigilance and Anti-corruption Cases, Coimbatore and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship 4/8

[Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of three weeks, thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in 5/8

accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.07.2025 rsi Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Special Judge, Special Court for Vigilance and Anti-corruption Cases, Coimbatore.

2.The Inspector of Police, Vigilance and Anti-Corruption Police Station, Coimbatore.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi 18.07.2025 8/8