Shanmugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1196 of 2022 Shanmugam ... Petitioner/Sole Accused Vs The state represented by The Inspector of Police, Vigilance and Anti Corruption, Theni District.

Cr.No.1/2022. ... Respondent/Complainant For Petitioner : M/s.Senthilkumar.R, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 06.01.2022 for the alleged offence under Section 7 of Prevention of Corruption Act as amended by the Prevention of Corruption (Amended) Act, 2018, in Crime No.1 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner demanded bribe from the defacto complainant. Hence, the case has been registered.

3.On the side of the petitioner it is stated that the petitioner worked out as a Food Safety Officer at Allinagaram, Theni District. He conducted ride in the shop of the defacto complainant and 15 kilograms of acidated fish seized. To escape from that case, the defacto complainant has lodging the false complaint against the petitioner. It was the defacto complainant, who tried to give bribe to the petitioner on 13.12.2021 and on 03.01.2022. The petitioner refused to receive the bribe from the defacto complainant. On 05.01.2022, the defacto complainant placed some amount into the table drawer of the petitioner. The petitioner has completed 33 years of unblemished service. On the side of the petitioner it is further stated that this Court in Crl.O.P.(MD).No.18843 of 2021, dated 01.12.2021 has appreciated the service of the petitioner and prayed the petitioner to be released on bail. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the 33years of service rendered by the petitioner and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with Certain conditions. 5.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 Judicial Magistrate, Theni and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 27/01/2022 / TRUE COPY / / /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 JUDICIAL MAGISTRATE THENI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, THEKKAMPATTI.

4 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, THENI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. SENTHILKUMAR.R. Advocate SR.No.448

ORDER

IN CRL OP(MD) No.1196 of 2022 Date :27/01/2022 SS/VR/SAR-I/28.01.2022 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/