P.S.Ponraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.3185 of 2023 P.S.Ponraja ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Vigilance and Anti Corruption, Thoothukudi, Thoothukudi District Crime No. 01/2023.

... Respondent/Complainant For Petitioner : M/s.Suresh Kannan.C For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 01 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 25.01.2023, for the offence punishable under Section 7(a) of Prevention of Corruption Act, 1988 in Crime No. 1 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution as per the defacto complainant viz., M.Bharathi Shankar is that the petitioner was working as a Junior Engineer in Nalatinpudhur EB Office. On 11.01.2023, the defacto complainant made an application to the petitioner for shifting the EB line, which is running in S.No.861/1A1B belongs to his brother-in-law and for that the petitioner demanded Rs.5,000/- from him. Since the defacto complainant was not ready to give bribe, he gave a complaint before the respondent Police and trap was arranged. During the trap, the petitioner was caught red handed, while receiving the bribe and was arrested on 25.01.2023.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case, due to previous enmity. The petitioner is in judicial custody from 25.01.2023 and now, he is suspended from his service. After arrest of the petitioner, house search was also conducted and no incriminating material has been seized from there. Hence, prays to release the petitioner on bail.

4.The learned Additional Public Prosecutor would submit that the petitioner, who was working as a Junior Engineer in Nalatinpudhur EB Office, on 11.01.2023 demanded bribe of Rs.5,000/- from the defacto complainant for shifting the EB line. Based on the complaint for the defacto complainant, a trap was arranged and the petitioner was caught red handed, while receiving the bribe. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Special Judge cum Judicial Magistrate, Thoothukudi, Thoothukudi District, and on further conditions that: (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner shall report before the respondent Police daily at 10:30 a.m., until further orders;

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial 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];

(h) if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/02/2023 / TRUE COPY / 20/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SPECIAL JUDGE CUM JUDICIAL MAGISTRATE, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

2.DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3.THE SUPERINTENDENT, CENTRAL PRISON,PALAYAMKOTTAI,TIRUNELVELI DISTRICT.

4.THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, THOOTHUKUDI, THOOTHUKUDI DISTRICT 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.SURESH KANNAN.C Advocate SR.No.2492

ORDER

IN CRL OP(MD) No.3185 of 2023 Date :20/02/2023 MGJ(20.02.2023) 3P 7C