Gomathi v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28356 of 2025 Gomathi ... Petitioner/ Accused Vs The State rep. by, The Station House Officer, V & AC Kallakurichi Police Station, Kallakurichi District.

(Crime No.04 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.04 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. R. Raji For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.09.2025 for the offences punishable under Section 7 of Prevention of Corruption Act in Crime No.04 of 2025, registered on the file respondent police, seeks bail.

2.

The case of the prosecution is that, the petitioner is a Village Administrative Officer at Puthirampattu Village and it is alleged that the petitioner demanded a bribe for a sum of Rs.4,000/- from one Ponnaiyan for change of patta; that thereby the respondent arranged trap proceedings and subsequently, the petitioner was caught while receiving the bribe amount. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and she is in custody since 25.09.2025. He also submitted that the petitioner is suspended and she is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

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4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the departmental proceedings were initiated and the petitioner is suspended; and that the investigation is pending. 5.

Considering the facts of the case, the departmental proceedings were initiated against the petitioner and she is suspended and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Kallakurichi 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; 3/6

[b] the petitioner shall report before the respondent police daily 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. 16.10.2025 stn 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 4/6

website of this Court will be watermarked and will also have a QR code.

To

1. The Principal District and Sessions Judge, Kallakurichi.

2. The Station House Officer, V & AC Kallakurichi Police Station, Kallakurichi District.

(Crime No.04 of 2025)

3. The Superintendent, Women Prison, Villupuram.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

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Crl.O.P. No.28356 of 2025 16.10.2025 6/6