Hari @ Harikrishnan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2024

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Hari @ Harikrishnan ... Petitioner

Versus

State Rep.by The Sub Inspector of Police, Vigilance & Anti Corruption, Tiruvannamalai.

Crime No.12/2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.12/2024 pending on the file of the respondent.

For Petitioner :

Mr.B.Jawahar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

Petition seeking bail in respect of Crime No.12 of 2024 registered for the offence punishable under Section 12 r/w Section 7 of Prevention Page No.1 of 5

of Corruption (Amendment) Act, is on board for consideration. 2.The incarceration of the petitioner being from 27.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that without the knowledge of the petitioner, the Surveyor has received the money. He also submits that the petitioner is no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this Court. 3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner, a Village Administrative Officer, had demanded illegal gratification of Rs.3,000/- from the defacto complainant for sub division patta. 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police Page No.2 of 5

and perused the materials available on record and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Tiruvannamalai, 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 daily 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 Page No.3 of 5

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 of B.N.S. 12.12.2024 vv2 To 1.The Chief Judicial Magistrate, Tiruvannamalai.

2.The Sub Inspector of Police, Vigilance & Anti Corruption, Tiruvannamalai.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

Page No.4 of 5

A.D.JAGADISH CHANDIRA, J.

vv2 Crl.O.P.No.31059 of 2024 12.12.2024 Page No.5 of 5