K.M.Uthayakumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR K.M.Uthayakumar ... Petitioner Vs.

State Rep. by, Inspector of Police, Vigilance and Anti Corruption, Krishnagiri.

Crime No.12/AC/2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.12/AC/2025 pending on the file of the respondent. For Petitioner :

Mr.L.Mouli For Respondent :

Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 10.07.2025, for the offence punishable under Sections 7(a) of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption Amendment Act, 2018 in Crime No.12/AC/2025, registered on 1/6

the file of the respondent, seeks bail.

2. The case of the prosecution is that in order to re-locate the electric pole situated in the agricultural land of the defacto complainant, he approached the petitioner who is the Assistant Engineer of the said locality. However, to complete the said work, the petitioner has demanded a sum of Rs.15,000/- from the defacto complainant as bribe. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that since there was a delay in relocation of electric pole, the petitioner has given a false complaint before the respondent police. Moreso, no preliminary enquiry was conducted by the officials. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case submitted that the petitioner was caught red 2/6

handed by the respondent Police while demanding the said amount from the defacto complainant for relocation of the electric pole. The trap was laid and successfully completed. Therefore, custodial interrogation of the petitioner is required.

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

6. Considering the facts and circumstances of the case and also considering the submissions, 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 Principal District and Session Court, Krishnagiri and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of 3/6

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 for a period of three weeks and thereafter as and when required [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 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];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.07.2025 rap 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.

To 1.The Principal District and Session Court, Krishnagiri 2.The Inspector of Police, Vigilance and Anti Corruption, Krishnagiri.

3. The District Jail, Dharmapuri 4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rap 30.07.2025 6/6