Ayyanar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2022 PRESENT The Hon`ble Mrs.Justice R. THARANI Ayyanar ... Petitioner/Sole Accused Vs The state represented by The Inspector of Police, Vigilance and Anti Corruption Unit, Virudhunagar District.
Cr.No. 11 of 2021.. ... Respondent/Complainant For Petitioner : M/s.Mariappan.G, Advocate.
For Respondent : Mr.P.Kottaisamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.11 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 08.12.2021 for the alleged offence under Sections 7 of Prevention of Corruption Act and Section 13(1) (a) r/w. 13(2) of Prevention of Corruption Act, in Crime No.11 of 2021, on the file of the respondent police, seeks bail.
2.The case against the petitioner is that he demanded a sum of Rs.20,000/- from the defacto complainant for getting Government aid for construction of a house.
3.On the side of the petitioner it is stated that even as per the case of the prosecution, on 06.12.2021 itself the petitioner has handed over the order copy to the defacto complainant and the alleged trap was taken place only after the order was handed over to the defacto complainant. It is not probable to have demanded money after the completion of the work. The petitioner is in custody for the past 43 days and prayed the petitioner to be released on bail. 1/3
4.On the side of the prosecution it is stated that the petitioner is the Secretary of Kansapuram Village Panchayat. He demanded a sum of Rs.20,000/- for getting Prime Minister's Fund for construction of house. He already received a sum of Rs.10,000/- from the complainant and he handed over the sanctioned order with the demand to pay the balance sum of Rs.10,000/- at a later date. The petitioner was arrested red handed and he was remanded on 08.12.2021 and prayed the petition to be dismissed.
5.It is seen that the petitioner is the Secretary of Kansapuram Village Panchayat. He is a permanent resident of the Village. There is no possibility to abscond. Major portion of the investigation might have been completed by this time and hence, considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge, Vigilance and Anticorruption Cases/Chief Judicial Magistrate, Srivilliputhur and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 19/01/2022 / TRUE COPY / 19/01/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE SPECIAL JUDGE, VIGILANCE AND ANTICORRUPTION CASES /CHIEF JUDICIAL MAGISTRATE, SRIVILLIPUTHUR.
2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION UNIT, VIRUDHUNAGAR DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.840 of 2022 Date :19/01/2022 SS/JC/SAR-II/19.01.2022 : 3P/5C 3/3