G Palaniyappan v. State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 7 of the Prevention of Corruption Act, 1988, in Crime No.2 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. This is the second anticipatory bail was filed before this Court. The case of the prosecution is that the petitioner who is a Deputy Tahsildar demanded bribe a sum of Rs.20,000/- from the defacto complainant to speed up the process of his building license application pending on his file. Hence, the complaint.

3. The learned counsel appearing 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 petitioner has not demanded any bribe from the defacto complainant. He further submitted that the defacto complainant is a political influenced 1/6

person and insisted him to give a building license without proper records and the same was refused by the petitioner, the defacto complainant has given a false complaint. He further submitted that co-accused had already been released on bail. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and the co-accused had already been released on bail, the petitioner is ready to deposit some to the credit of crime number to show his bonafide, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/6

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Chief Judicial Magistrate/Special Judge, Perambalur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, one must be a blood surety, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of the Madras High Court Advocate Clerks Welfare Association, Chennai. A/c No. 484077244, Bank : Indian Bank Branch : High Court. IFSC Code : IDIB000M157 within a period of two weeks from the date of receipt of copy of this order, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner; [b] the petitioner and the sureties shall affix their 3/6

photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner is directed to report before the respondent police on every Tuesday at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

18.10.2024 msrm T.V.THAMILSELVI, J.

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msrm 18.10.2024 6/6