Balaji v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Balaji ...Petitioner in Crl.O.P.No.23412 of 2023 Anbarasu ...Petitioner in Crl.O.P.No.23456 of 2023 Vs.

State by Inspector of Police, Vigilance and Anti Corruption, Chennai City II, Crime No.06/AC/2023/CC-II

...Respondent in both Crl.O.Ps.

COMMON PRAYER:

Criminal Original Petitions are filed under Section 439 of Cr.P.C. praying to enlarge the Petitioners/Accused on bail concerned in Crime No.06/AC/2023/CC-II pending on the file of the respondent police. In both Crl.O.Ps.

For Petitioner : Mr.S.Sasikumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side) 1/5

COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 20.09.2023 for the offence punishable under Section 7(a) of Prevention of Corruption Act (Amendment) 2018 in Crime No.06/AC/2023/CC-II on the file of the respondent police, seek bail. 2.The petitioner in Crl.O.P.No.23412 is arrayed as A2 and the petitioner in Crl.O.P.No.23456 of 2023 is arrayed as A1 in this case. It is stated that A1 had demanded bribe of Rs.15,000/- from the defacto complainant for sanctioning the license to conduct exhibition. 3.A1 is the Accountant in Information & Public relations Department. During the course of investigation, it reveals that A1 had also received bribes from three other persons. 4.However taking into consideration the nature of the offence and the fact that the investigation would have progressed to substantial extent, this Court is inclined to grant bail to the petitioners with certain conditions.

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5.Accordingly, the petitioners are ordered to be released on bail on condition to execute a separate 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 Special Court for the cases under Prevention of Corruption Act, Chennai, 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 petitioners shall report before the respondent police daily at 10.30 a.m until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 3/5

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

11.10.2023 vkr To 1.The Special Court for the cases under Prevention of Corruption Act, Chennai.

2.Central Prison, Puzhal.

3.The Inspector of Police, Vigilance and Anti Corruption, Chennai City II, 4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.

J.

vkr Crl.O.P.Nos.23412 & 23456 of 2023 11.10.2023 5/5