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Madras High CourtCRL OP/31839/2025granted

Valaiyapathy v. State Rep By

2025-11-21Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2025 CORAM :

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

(Crime No.18/AC/2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.18/AC/2025 pending on the file of the respondent police. For Petitioner :

Mr.M.P.Saravanan For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.11.2025, for the alleged offence punishable under Section 7(a) of Prevention of Corruption Act 1988 as amended by the PC Amendment Act @ 7(b) of the 1/7

Prevention of Corruption Act 1988 as amendment by the PC Amendment Act 2018, in Crime No.18/AC/2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that this petitioner joining hands with other accused, demanded Rs.6,000/- to issue a patta transfer order and a copy of the same. At the time of handing over the money, he was caught by the respondent police, the trap was also concluded and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner did not receive the money, it was kept on the table, and not in the hands of the petitioner. He further submitted that the co-accused was already released on bail by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally two accused in this case and the petitioner is ranked as A2. He further submitted that the petitioner, who is a surveyor, he along with other accused/A1, received a sum of Rs.6,000/- and asked the defacto complainant to place the amount on the table instead of handing it over directly. The petitioner along with other accused received the amount accordingly. The investigation in this case is still pending. Hence, he opposed for the grant of bail to the petitioner. 2/7

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

6. On perusal of the First Information Report and other connected materials, it is seen that the petitioner/A2, who is a surveyor, along with other accused/A1 has been suspended from service and the co-accused/A1 was already released on bail by this Court in Crl.OP.No.31729 of 2025 dated 20.11.2025 and that the petitioner is in judicial custody from 07.11.2025, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Krishnagiri 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 and thereafter as and when required for interrogation. 3/7

[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.

21.11.2025 drl 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 4/7

have a QR code.

To 1.The Principal District and Sessions Judge, Krishnagiri.

2.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Krishnagiri District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl 6/7

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