Madras High CourtCRL OP(MD)/19159/2015allowed

S. Sundararajan v. The Inspector Of Police

2015-10-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19159 of 2015 S. SUNDARARAJAN ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, TUTICORIN.

(CRIME NO. 8/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S V.VIJAY SHANKAR Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 7 of Prevention of Corruption Act, 1988 in Crime No.8 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant viz., Mr.N.Lingaraj that he approached the first accused Mrs.Periyapiratti for payment of property tax of his father-in-law Mr.Natarajan for the Door No.19, Kottavilai Puthumanai Udangudi, she demanded Rs.1,200/- as bribe for issuing certificate and when he approached the second accused, the petitioner herein, he also directed him to talk to the first accused Periyapratti.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that even as per the complaint, the demand was made by the first accused and she was arrested and on the basis of the confession of A1, he is now implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that the demand was made by the first accused and the petitioner was also present in the scene of occurrence throughout the trap proceedings. https://hcservices.ecourts.gov.in/hcservices/

5. I have gone through the F.I.R., in which it is clearly stated that the demand was made by the first accused.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Chief Judicial Magistrate, Tuticorin and on his executing a 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 6.00 p.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 07/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, TUTICORIN.

+1. CC to M/S V.VIJAY SHANKAR Advocate SR.No.59052 Akm/09.10.2015 /2p-5c/

ORDER

IN CRL OP(MD) No.19159 of 2015 Date :07/10/2015 https://hcservices.ecourts.gov.in/hcservices/