V.Madhan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.25131 of 2023 V.Madhan ... Petitioner Vs.

The State rep by The Inspector of Police, Vigilance and Anti Corruption, Vellore, Vellore District (Crime No.7 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.7 of 2023 pending on the file of the respondent Police. For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 16.10.2023, registered by the respondent Police for the offences under Sections 7(a) of Prevention of Corruption Act, 1988 as amended by the 1/4

Prevention of Corruption (Amendment) Act, in Crime No.7 of 2023, seeks bail.

2.It is stated that the defacto complainant had given a complaint that the petitioner who is a staff of Electricity Board, had demanded a sum of Rs.4,000/- as bribe amount for changing of EB Tariff from commercial connection to MSME connection and shifting of EB Meter. 3.The trap was laid and the petitioner had been caught red handed. 4.Taking over all view of the matter 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 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 petitioner shall report before the 2/4

respondent police, everyday at 10.30 a.m., until further orders;

[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 can be registered under Section 229A IPC.

02.11.2023 vkr To

1. The Chief Judicial Magistrate, Vellore.

2. The Inspector of Police, Vigilance and Anti Corruption, Vellore, Vellore District 3/4

C.V.KARTHIKEYAN, J.

vkr

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.25131 of 2023 02.11.2023 4/4