Jayamurugan v. State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Jayamurugan ...Petitioner in Crl.O.P.No.23782 of 2023 Thenmozhi

...Petitioner in Crl.O.P.No.24201 of 2023

Vs.

The State represented by The Inspector of Police, The Vigilance and Anti Corruption, Vellore.

Crime No.06 of 2023

...Respondent in both Crl.OPs

COMMON PRAYER: Criminal Original Petitions are filed under Section 439 of Cr.P.C. praying to enlarge the Petitioners on bail in connection with the case in Crime No.6 of 2023 pending investigation on the file of the Respondent police.

For Petitioner in Crl.O.P.No.23782 of 2023 : Mr.M.R.Thangavel For Petitioner in Crl.O.P.No.24201 of 2023 : Mr.A.Vijayakumar For Respondent : Mr.R.Kishore Kumar in both Crl.OPs.

Government Advocate (Criminal Side) 1/5

COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 26.09.2023 for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 as amended by Prevention of Corruption (Amendment) Act, 2018 @ Sections 7(a) and 12 of the Prevention of Corruption Act, 1988, in Crime No.6 of 2023 on the file of the respondent police, seeks bail.

2.The petitioners are the Village Administrative Officer and Assistant of the Village Administrative Officer respectively. 3.The petitioners and the other accused had demanded a sum of Rs.10,000/- from him to process the application seeking for Sub-Division and issuance of patta. The trap was laid and the petitioners had been caught red handed.

4. Taking into consideration of the period of incarceration and the petitioners who are the Government Servants would necessarily have to attend the trial process, 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 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 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 petitioners shall report before the respondent police everyday 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.

19.10.2023 vkr To 1.The Chief Judicial Magistrate, Vellore 2.The Central Prison, Vellore.

3.The Inspector of Police, The Vigilance and Anti Corruption, Vellore.

4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.J vkr Crl.O.P.Nos.23782 & 24201 of 2023 19.10.2023 5/5