G.Kannadasan v. State Of Tamilnadu Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28382 of 2025 G. Kannadasan ... Petitioner/ A2 Vs The State rep. by, The Inspector of Police, Vigilance and Anti-Corruption, Salem, Salem District.
(Crime No.15/AC/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.15/AC/2025 on the file of the respondent police. For Petitioner(s) :
Mr. P. Rajavel For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 17.09.2025 for the offences punishable under Section 7(a) of Prevention of Corruption Act, 1988 as amended in PC (Amendment) Act, 2018 in Crime No.15/AC/2025, registered on the file respondent police, seeks bail. 2.
The case of the prosecution is that the defacto complainant lodged a complaint against the petitioner/ A2 and one Jeevitha/ A1, who is Field Surveyor, Attur Taluk, Salem District stating that A1 demanded bribe amount of Rs.12,000/- for issuance of separate patta in favour of the defacto complainant; that thereafter on 17.09.2025 at 11:00 a.m., the respondent started trap proceedings and caught the petitioner while he received the money along with the copy of document deed from the defacto complainant. Hence, this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and he is in custody since 17.09.2025. He also submitted that the petitioner is not a Government Servant, without the knowledge about the nature of the amount and as such 2/6
circumstances, the petitioner with ulterior motive arrested the petitioner; 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 (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, though it is claimed that the petitioner herein received the money in the trap proceedings, he is not a Government servant 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 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 Sessions Judge, Salem, Salem District and on further conditions that:
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[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 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. 4/6
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 website of this Court will be watermarked and will also have a QR code.
To
1. The Principal Sessions Judge, Salem, Salem District.
2. The Inspector of Police, Vigilance and Anti-Corruption, Salem, Salem District.
(Crime No.15/AC/2025)
3. The Superintendent, Central Prison, Salem, Salem District.
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
stn 5/6
Crl.O.P. No.28382 of 2025 16.10.2025 6/6