← Library
Madras High CourtCRL OP/28353/2025granted

Venkatachalam v. The State Rep. By The Inspector Of Police

2025-10-16Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Venkatachalam ... Petitioner -vsState Rep by, The Deputy Superintendent of Police, Vigilance and Anti Corruption, Salem District.

(Crime No.17/AC/2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.17/AC/2025 pending investigation on the file of the Respondent police.

For Petitioner :

Mr.R.Jayaprakash For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.09.2025, for the alleged offence punishable under Section 7(a) of the Prevention and Corruption Act, 1988 as Amended in 2018 in Crime No.17/AC/2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is having 13 cents of land in S.No.361/1C4 of Kachupalli Village. Out of 13 cents of land, the Tamil Nadu Government Land Acquisition Unit acquired 03 cents of land for 04 way road from Omalur - Sankari - Tiruchengode - Paramathy and gave compensation amount for the same. To register the document in respect of the remaining land, the defacto complainant went to Magudanchavady Sub Registrar Office and enquired and as directed by the officials in the said office, for getting NOC, on 29.07.2025 the defacto complainant gave an application to the Sub Registrar, Magudanchavady and based on the said application, he in turn sent a letter to the petitioner in C.M.P.No.

2777 of 2025 / A1 Govindaraj, Special Tahsildar (Land Acquisition), Chennai - Kanyakumari Industrial Corridor Project, Sankari Unit and when the defacto complainant approached A1, he told that he will come and visit the land. Ten A2 (petitioner in C.M.P.No.2732 of 2025) contacted the defacto complainant over phone and told that to send report by A1, the defacto complainant has to give from Rs.15,000/- to Rs.20,000/-.

Thereafter in the mouth of August, A1 visited the defacto complainant's land and A2 demanded Rs.5,000/- as bribe from the defacto complainant. While so, on 23.09.2025 at about 01.30 p.m., when the defacto complainant approached A1 and informed the demand of money by A2, at that time, A1 also told the defacto complainant to give bribe of Rs.5,000/- to A1 as demanded by him. Enraged over the forcible demand of such amount for the discharge of the accused official duty, the defacto complainant made a complaint before the respondent police. Hence, this case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 24.09.2025 and is ready to abide by any conditions that may be imposed by this Court. 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 arrayed as A1 and the investigation is still pending and he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, this Court is inclined to 3/6

grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his 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 at Salem, 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., for a period of three weeks. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the 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 4/6

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.

16.10.2025 rna 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 District and Sessions Judge at Salem. 2.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Salem District.

3.The Superintendent of Police, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

5/6

K. RAJASEKAR, J.

rna 16.10.2025 6/6