Velmurugan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Velmurugan ... Petitioner Vs.
The State rep. by The Inspector of Police, Vigilance & Anti-corruption, Salem District.
Crime No.10/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.10/AC/2025 on the file of the respondent.
For Petitioner :
Mr.B.Vasudevan 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 26.06.2025, for the offence punishable under Section 7(a)of Prevention of Corruption Act, as amended in 2018 in Crime No.10/AC/2025, registered on 1/8
the file of the respondent, seeks bail.
2. The case of the prosecution is that, the first accused, who is working as Village Administrative Officer, attached to the office of the Kamakkapalayam Village, Thalaivasal Taluk, Salem District, to survey the land of the defacto complainant in S.Nos.85/3C, 85/4A, 85/4B and 85/4C of Kamakkapalam, the A-1 and his Village Assistant/A-2, demanded and accepted an illegal gratification of Rs.10,000/- from the defacto complainant. Hence this case.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He submitted that the petitioner acted as a supporting and only a menial to the A1 in this case. On the directions of A1 he had received Tapal from the villagers and other officers. He further submitted that petitioner is in judicial custody from 26.06.2025 and hence, further custody of the petitioner is not required. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested 2/8
on 26.06.2025.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and considering the period of incarceration undergone by the petitioner, 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 Sessions Judge, Salem for Prevention of Corruption AC cases, Salem 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 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, everyday at 10.30 a.m., for a period 3/8
of four weeks and 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 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. 4/8
05.08.2025 ep 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 Principal Sessions Judge, Salem for Prevention of Corruption AC cases, Salem.
2. The Inspector of Police, Vigilance & Anti-corruption, Salem District.
3. Central Jail, Salem.
4. The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
ep 7/8
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