M.Boopathi v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2025 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR M.Boopathi ... Petitioner -vsState of Tamil Nadu Rep by, The Inspector of Police, Vigilance & Anti Corruption, Coimbatore.
(Crime No.22/2025/AC/CB) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.22/2025/AC/CB pending investigation on the file of the Respondent police.
For Petitioner :
Mr.R.Babu For Respondent :
Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 14.10.2025, for the alleged offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, as amended by the Prevention of Corruption (Amendment) Act, 2018, in Crime No.22/2025/AC/CB, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner, who was working as Secretary of the village local body, demanded a sum of Rs.15,000/- from the defacto complainant for approving his lands under the Town and Country Planning Act. The demand was immediately reported to the respondent police, and a trap was laid. During the trap proceedings, the petitioner received Rs.8500/- and caught red-handed. A total sum of Rs.10,840/- was recovered fro the petitioner. Hence, the present complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner has already been placed under suspension from service and has been in custody since 14.10.2025. Hence, he prayed for grant of bail to the petitioner. 2/6
4. Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing the bail to the petitioner, reiterated the prosecution case and states that there are totally two accused are involved in this case and the petitioner is arrayed as A2. He further submitted that the investigation in this case is still pending. Hence, he opposed for grant of bail.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the nature of the allegations, the fact that a sum of Rs.10,840/- was recovered from the petitioner, the petitioner has already been placed under suspension from service, and taking into account the period of incarceration undergone by the petitioner, this Court is inclined to 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, Coimbatore, and on further conditions that:- [a] the sureties shall affix their photographs and Left 3/6
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 and thereafter as and when requires for interrogation; [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 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.
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06.11.2025 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 & Sessions Judge, Coimbatore. 2.The Inspector of Police, Vigilance & Anti Corruption, Coimbatore.
3.The Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras.
K. RAJASEKAR, J.
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