Elumalai v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2025
CORAM
THE HON'BLE MR JUSTICE N.SATHISH KUMAR Crl.O.P.No.23830 of 2025 Elumalai ... Petitioner Vs.
The State represented by its The Inspector of Police, Vigilance and Anti Corruption - Chengalpattu, Chengalpattu District.
(Cr.No.8/AC/2025/CP) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.08 of 2025 by the respondent Police.
For Petitioner :
Mr.P.Muthamizhselvakumar For Respondent :
Mr.L.Baskaran Government Advocate (Criminal Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 25.07.2025, for the alleged offence under Section 7 of the Prevention of Corruption (Amendment Act) 2018, in Crime No.8/AC/2025/CP registered on the file of the respondent, seeks bail.
1/7
2.The case of the prosecution is that, the petitioner demanded a bribe of Rs.13,000/- from the defacto-complainant for the purpose of issuing a new EB connection to Plot No.78 at Athanur in the name of his wife. Hence, the case. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and has been falsely implicated in this case. He further submits that the petitioner is in judicial custody from 25.07.2025 and hence, further custody of the petitioner is not required. Hence, prays for grant of bail to the petitioner.
4.The learned Government Advocate (Criminal side) appearing for the respondent Police submits that, in this case, the petitioner was caught red-handed while receiving a bribe of Rs.13,000/- from the defacto-complainant. Further, the phenolphthalein test was also conducted and the report is yet to receive. He further submits that a substantial part of the investigation has been completed. However, he strongly opposed for the grant of bail to the petitioner. 2/7
5.Heard the learned counsels on either side and perused the records. 6.Considering the facts and circumstances of the case, the fact that substantial part of the investigation has been completed and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Chengalpattu, and 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 daily at 10.30 a.m. until further orders; 3/7
[c] 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29.08.2025 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. 4/7
To 1.The Principal District and Sessions Judge, Chengalpattu 2.The Inspector of Police, Vigilance and Anti Corruption - Chengalpattu, Chengalpattu District.
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
5/7
N.SENTHIL KUMAR , J.
ep Crl.O.P.No.23830 of 2025 6/7
29.08.2025 7/7