Rajalingam v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Rajalingam
...Petitioner/Accused-2
Vs.
State rep. by its Inspector of Police, Vigilance and Anti corruption, Ranipet, Ranipet District.
(Crime No.2 of 2023)
...Respondent/Complainant
PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in connection with Crime No.2 of 2023 on the file of Inspector of Police, Vigilance and Anti corruption, Ranipet, Ranipet District. For Petitioner : Mr.T.R.Ravi For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side) 1/5
ORDER
The petitioner, who was arrested and remanded to judicial custody on 29.08.2023 for the offence punishable under Section 7 of Prevention of Corruption Act as amended by the Prevention of Corruption (Amendment) Act 2018 and altered into 7(a) and 12 of prevention of Corruption Act 1988 as amended in Prevention of Corruption (Amendment) Act 2018 in Crime No.2 of 2023 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner, who is a Village Assistant along with A1/Village Administrative Officer had demanded bribe from the defacto complainant for a sum of Rs.4,000/- for transfer of patta and also for subdivision of the land. 3.It is stated by the learned counsel for the petitioner that A1 in this case has been arrested and later enlarged on bail. 4.Taking into consideration all these facts and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail on 2/5
condition to execute 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 Chief Judicial Magistrate, Vellore, and on further conditions that: [a] the sureties shall affix their 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.
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks, and thereafter, as and when required for interrogation;
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR 3/5
can be registered under Section 229A IPC.
10.10.2023 vkr To 1.The Chief Judicial Magistrate, Vellore.
2.The Central Prison, Vellore.
3.The Inspector of Police, Vigilance and Anti corruption, Ranipet, Ranipet District.
4.The Public Prosecutor, High Court of Madras.
C.V.KARTHIKEYAN.
J.
4/5
vkr Crl.O.P.No.23331 of 2023 10.10.2023 5/5