Madras High CourtCRL OP(MD)/2135/2020granted

Rajarajan v. The Inspector Of Police

2020-02-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2135 of 2020 Rajarajan ... Petitioner/Accused Vs State rep.by its The Inspector of Police, Vigilance and Anti Corruption Wing, Ramanathapuram District , Cr.No.2 of 2020.

... Respondent/Complainant For Petitioner : M/s.D.Senthil, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.2 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 30.01.2020 for the offences under Section 7(A) of Prevention of Corruption (Amendment) Act, 2018 in Crime No.2 of 2020 on the file of the respondent police. Hence, he seeks bail.

3. The petitioner is the Inspector of Police. He is said to have received a sum of Rs.5,000/- as illegal gratification. Thereafter trap laid against the petitioner was successful. Though the learned Government Advocate (Crl. Side) opposed grant of bail, I am of the view that the continued incarceration of the petitioner is not going to serve any purpose and the basic formalities are already over. Hence, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/

(i) the petitioner shall execute 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 Chief Judicial Magistrate, Ramanathapuram.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 07/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 2 THE SUPERINTENDENT, DISTRICT PRISON, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, RAMANATHAPURAM DISTRICT.

4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.D.SENTHIL, Advocate ( SR-2552[I] dated 07/02/2020 )

ORDER

IN CRL OP(MD) No.2135 of 2020 Date :07/02/2020 MS/VR/S-4(07.02.2020) 2P-7C https://hcservices.ecourts.gov.in/hcservices/