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Madras High CourtCRL OP/28557/2025granted

Jeevitha v. The State Rep By

2025-10-17Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28557 of 2025 Jeevitha ... Petitioner/ A1 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. Conscious Ilango S.

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 2008 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 one Kannadasan/A2 and the petitioner/ A1, who is Field Surveyor, Attur Taluk, Salem District stating that she along with A2 demanded bribe amount of Rs.12,000/- for issuance of separate patta in favour of the defacto complainant; that thereafter on 15.09.2025, A2 reduced the bribe amount to Rs.10,000/- and stated that unless the money was paid, the separate patta would not be issued; that thereafter, the defacto complainant approached the respondent and that on 17.09.2025, the respondent started trap proceedings and caught A2 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 2/6

the petitioner has been falsely implicated and she is in custody since 17.09.2025. He also submitted that the petitioner is working as a Field Surveyor in Revenue Department and it is alleged that only the second accused had received the alleged bribe amount and there is no direct or indirect allegation or evidence to show that the petitioner had received the amount or derived any benefit. He further submitted that the co-accused/ A2 was granted bail by this Court, vide order dated 16.10.2025 in Crl.O.P.No.28382 of 2025 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, the fact that departmental proceedings were already initiated, the co-accused were already released on 3/6

bail 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 Judge and Sessions Court, Salem 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 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 4/6

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. 17.10.2025 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 District Judge and Sessions Court, Salem.

2. The Inspector of Police, Vigilance and Anti-Corruption, Salem, Salem District.

(Crime No.15/AC/2025) 5/6

K. RAJASEKAR, J.

stn

3. The Superintendent, Special Sub Jail, Salem.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.28557 of 2025 17.10.2025 6/6