K.Ramesh v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA K.Ramesh ... Petitioner Vs.

The State represented by, The Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Tiruvannamalai.

(Crime No.11 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.11 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.B.Jawahar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 18.10.2024, seeking bail in 1/5

Crime No.11 of 2024 registered for the offence under Section 7 of Prevention of Corruption Act, 1988.

2. The case of the prosecution is that the petitioner is the Village Administrative Officer and he was caught red handed while demanding Rs.3000/- as illegal gratification for issuance of certificate for obtaining electricity service connection. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegation against the petitioner is false and he is in custody from 18.10.2024 and no previous case is pending against him. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner has been caught red handed while demanding bribe of Rs.3000/- for issuance of certificate for obtaining electricity service connection. He further submitted that a search at the house of the petitioner was conducted and the trap was successful. He further submitted that there is no previous case against the petitioner.

5. Heard the learned counsel appearing for the petitioner and the learned 2/5

Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the facts and circumstances, nature of allegation and the period of incarceration undergone by the petitioner and that no previous case is pending against him, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate, Vandavasi, 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, everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial;

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[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 269 B.N.S.

14.11.2024 ata To

1. The Judicial Magistrate, Vandavasi.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Tiruvannamalai.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA,J.

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