P.T.Senthilkumar v. The Inspector Of Police

CRL OP(MD). No.3084 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.02.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.3084 of 2022 P.T.Senthilkumar ... Petitioner/Accused No.2 Vs The State through The Inspector of Police, Vigilance and Anti-Corruption Wing, Madurai.

(Crime No.18 of 2021) ... Respondent/Complainant For Petitioner : Mr.M.SAM EUGINE JEBAKUMAR, Advocate. For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR Additional Public Prosecutor PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.18 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.2, who was arrested and remanded to judicial custody on 31.12.2021 for the offence punishable under Section 12 of Prevention of Corruption Act, 1988 as amended by PC (Amendment) Act, 2018, in Crime No.18 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the first accused demanded bribe of Rs.4,000/- from the defacto complainant with respect to transfer of patta in his favour and that the petitioner herein, who is the own brother of the first accused, has also involved in the alleged occurrence.

3.The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and that he will not tamper the evidence. He would further submit that the petitioner is in judicial custody from 31.12.2021.

4.The learned Additional Public Prosecutor would submit that it is a trap case and that the Forensic Laboratory report is yet to be received.

5.Considering the above facts and circumstances and also the facts that the petitioner is in judicial custody from 31.12.2021, that the investigation is almost completed and that the petitioner is not having any bad antecedents, this Court is inclined to grant bail to the petitioner subject to the following conditions: https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3084 of 2022 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge, Vigilance and AntiCorruption Court, Madurai. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police for a period of thirty (30) days and thereafter, as and when required for interrogation;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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]. (vi)If the accused / petitioner thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 15/02/2022 / 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 SPECIAL JUDGE, VIGILANCE AND ANTI-CORRUPTION COURT, MADURAI. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION WING, MADURAI.

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

+1. CC to M/S.SAM EUGINE JEBAKUMAR.M Advocate SR.No.1145 ORDER IN CRL OP(MD) No.3084 of 2022 Date :15/02/2022 SA/MS/SAR.1/15.02.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2