P.L. Surya Kala v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23137 of 2015 P.L. SURYA KALA ... PETITIONER / ACCUSED (SINGLE) Vs THE STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION DETACHMENT, SIVAGANGAI DISTRICT.
(CRIME NO. 1 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.ANAND Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/sole Accused, who was arrested and remanded to judicial custody on 18.11.2015 for the alleged offences punishable under Sections 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, in Crime No.1 of 2015 on the file of the respondent police and hence, seeks bail.
2.The case of the prosecution is that the petitioner was working as a Sub Registrar in the office of the Sub Registrar, Singampunari. One Kamban approached her for the purpose of registration of document of deposit of title deed in connection with the loan that has been processed with the Punjab National Bank. At that time, on 13.11.2015, the petitioner demanded a sum of Rs.2,000/- for release of the documents. After negotiation, it was agreed that the petitioner will release the document on receipt of Rs.1,500/- The said Kamban informed the respondent police and trap was laid and the petitioner was got red-handed on receipt of Rs.1,500/- on 18.11.2015 at 5.10 p.m., 3.
The case of the petitioner is that she is an innocent person and she has not committed any offence and the documents presented by one Sevugaperumal, the father of the defacto complainant was not in order. She asked him to rectify the same. For that, the defacto complainant created a problem and gave a false complaint against this petitioner. The petitioner did not receive any money. The documents was registered only by Sevugaperumal, the father of the defacto complainant. On the other hand, the defacto complainant threw the powder quoted currency notes upon the petitioner. At that time, the respondent police came to the office of the petitioner and arrested her.
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4.The learned counsel for the petitioner submitted that the document was registered only by the father of the defacto complainant and his father did not give any authorisation to the defacto complainant for receiving the document. The petitioner asked the father of the defacto complainant to rectify the mistake pointed out by her. For that, the defacto complainant created a problem and threw the powder quoted currency notes upon the petitioner. He further submitted that the petitioner is suspended from service and the departmental proceedings is also initiated.
5.The learned Government Advocate (Crl.side) submitted that the petitioner demanded a sum of Rs.2,000/- and the respondent police trapped and arrested the petitioner.
6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is suspended from service, the departmental proceedings is also initiated and she is in judicial custody from 18.11.2015, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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 Special Court for Trial of Cases under the Prevention of Corruption Act, Sivagangai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders.
sd/- 07/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL COURT FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, SIVAGANGAI 2 THE SPECIAL PRISON FOR WOMEN, TRICHY 3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION DETACHMENT, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S R.ANAND Advocate SR.No.69854.
ORDER
IN CRL OP(MD) No.23137 of 2015 Date :07/12/2015 https://hcservices.ecourts.gov.in/hcservices/ AM/07.12.2015/JGB.DP/SAR-I/2P/6C