S.Sivakumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR S.Sivakumar ... Petitioner/A1 Vs.

State represented by The Inspector of Police, Vigilance and Anti Corruption, Perambalur.

(Crime No.01 of 2025) ... Respondent PRAYER : Criminal Original petition filed under Section 528 of BNSS praying to set aside the order passed by the learned Chief Judicial Magistrate, Perambalur in Crl.M.P.No.1003 of 2025 in Crime No.1 of 2025 pending on the file of the Vigilance and Anti-corruption, Perambalur and subsequently relax the condition totally in Crl.M.P.No.500 of 2025 in Crime No.1 of 2025. For Petitioner :

Ms.Pushpalatha For Respondent :

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

ORDER

The petitioner/accused in a trap case was arrested by the respondent on 01.03.2025. Thereafter, he was granted bail in Crl.M.P.No.500 of 2025 on 1/6

26.03.2025 on condition that the petitioner to report before the respondent police daily at 10.00 a.m. Further, the petitioner filed a relaxation petition in Crl.M.P.No.696 of 2025 before the trial Court and the trial Court modified the condition on 30.04.2025 directing the petitioner to appear before the respondent police twice in a week, i.e., every Monday and Friday. Thereafter the petitioner filed Crl.M.P.No.1003 of 2025 seeking relaxation of the condition. The trial Court, by the order dated 04.06.2025, modified the condition directing the petitioner to appear before the respondent police once in a week, i.e., every Monday at 10.00 a.m., against which, the present petition is filed.

2.The learned Additional Public Prosecutor strongly opposed this petition stating that the petitioner along with another accused/A2 (private individua) had demanded bribe for processing a house tax receipt and the trap was organized on 28.02.2025. During the trap proceedings, the petitioner and the private individual/A2 demanded and accepted the bribe amount of 2/6

Rs.25,000/- from the de-facto complainant. Thereafter the petitioner and A2 were arrested on 01.03.2025. In this case, investigation is in progress, there are several other complaints against the petitioner with regard to arbitrarily fixing the house tax amount. The affected persons are being called for investigation, at that time the petitioner's presence is very much required for the purpose of investigation to confront and to verify the allegations. Now the petitioner was granted bail and the condition has been modified to appear weekly once. Further the petitioner has been suspended from his service and he has been directed not to leave his head quarters, District of Perambalur and hence the condition directing the petitioner to appear weekly once would not cause any hardship, on the other hand, it would only help investigation in this case.

3.Considering the submissions made and on perusal of the material, it is seen that the petitioner is working as Revenue Assistant in Municipality Office at Perambalur. He was caught red handed in a trap proceedings. For 3/6

the purpose of investigation, the petitioner's presence is required. Further the condition is that the petitioner to appear once in a week, i.e., on every Monday. Since the petitioner's presence is required, this Court is not inclined to entertain this petition for the present.

4.Accordingly, the Criminal Original Petition is dismissed. 03.09.2025 Index: Yes/No Internet : Yes/No Speaking order/Non-speaking order rsi 4/6

To 1.The Chief Judicial Magistrate, Perambalur.

2.The Inspector of Police, Vigilance and Anti Corruption, Perambalur.

3.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi 03.09.2025 6/6