Elumalai v. State Through

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Elumalai Petitioner(s) Vs State through The Inspector of olice, Tiruvannamalai Vigilance and Anti Corruption Wing Police Station, Tiruvannamalai District.

Crime No.10 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Cr.No.10/2025 on the file of the respondent police.

For Petitioner(s):

M/s.A.K.Rajaraman For Respondent(s):

Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 22.09.2025, for the offences punishable under Section 7 of Prevention of Corruption Act 1988 as amended by the P.C (Amendment) Act 2018, in Crime No.10 of 2025, registered on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 22.09.2025, the defacto complainant, Mr.Praveen, lodged a complaint against the petitioner alleging that the petitioner, who holds the position of Village Administrative Officer (VAO) at Melmudiyanur Village, Chengam Taluk, demanded a bribe of Rs.2,000/- from the defacto complainant's father, Mr.Gouravan, on 15.09.2025 and 18.09.2025. The demand was purportedly made in connection with the issuance of a legal heir certificate pertaining to Mrs.Kanchana, the mother of the defacto complainant, whom Mr.Gouravan had approached the petitioner for this purpose on 15.09.2025, culminating in the registration of the complaint and the FIR.

3.The learned counsel appearing for the petitioner contended that the petitioner had not committed in any offence as alleged and he has been falsely implicated in this case and he is in judicial custody from 22.09.2025 and the investigation is almost over, co-accused had been granted bail by this Court on 14.10.2025 in Crl.O.P.No.28114 of 2025 and hence, prayed to enlarge the petitioner on bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose the grant of bail stating that the petitioner is working as Village Administrative Officer at Melmudiyanur Village, Chengam Taluk, and he demanded a sum of Rs.2,000/- from the defacto complainant's father for providing legal heir certificate. 5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and submissions made by the learned counsels, the fact that co-accused had been granted bail by this Court and also the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 District and Session Judge, Tiruvannamalai, 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 Station everyday at 10:30 a.m., for a period of three 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];

[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.State rep by the Sub Inspector of Police Tiruvannamalai Vigilance and Anti Corruption Wing PS. Tiruvannamalai Cr.No.10 of 2025 2.The Principal District and Session Judge Tiruvannamalai.

3.The Central Jail, Vellore.

4.The Public prosecutor High Court of Madras.

K.RAJASEKAR J.

sma 15-10-2025