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Madras High CourtCRL OP/28109/2025granted

Madhu v. The State Rep By, The Inspector Of Police

2025-10-15Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28109 of 2025 Madhu ... Petitioner/ A1 Vs The State rep. by, The Inspector of Police, Vigilance and Anti Corruption Wing, Namakkal.

(Crime No.05/AC of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.05/AC of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. S. Premkumar For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.09.2025, for the offences punishable under Section 7(a) of The Prevention of Corruption (Amendment) Act, 2018 in Crime No.05/AC of 2025, registered on the file of the respondent police, seeks bail.

1. The case of the prosecution is that on 19.09.2025 at about 12:00 p.m., the defacto complainant lodged a complaint before the respondent police stating that he had applied for a three phase EB connection through online in the name of his mother for her new house situated at S.No.144/18 at Velagoundmpatty and the estimated amount was also paid through online; that whileso, on 18.09.2025 the petitioner herein, who is working as Line Inspector along with the co-accused demanded a sum of Rs.5,500/- from the defacto complainant for giving the said new three phase electricity temporary connection; that thereby, when the said amount was received by the petitioner herein from the defacto complainant, he was caught red handed during trap proceedings. Hence, this case. 2.

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3.

The learned counsel appearing for the petitioner submitted that the petitioner is working as as Line Inspector he was falsely implicated in this case. He further submitted that co-accused had been granted bail by this Court and the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and stated that there are totally two accused and the petitioner is arrayed as A1 in this case; and that A2 was granted bail by this Court..

5.

Considering the facts of the case, the fact that co-accused had been granted bail by this Court and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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6.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Principal Sessions Judge, Namakkal District 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 the respondent police daily at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[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];

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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

15.10.2025 sma 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.

To

1. The Principal Sessions Judge, Namakkal District.

2. The Inspector of Police, Vigilance and Anti Corruption Wing, Namakkal.

(Crime No.05/AC of 2025))

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

sma Crl.O.P. No.28109 of 2025 15.10.2025 6/6