Bala Manikandan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Bala Manikanandan ... Petitioner/Accused No.2 Vs The Inspector of Police, Vigilance and Anti Corruption, Madurai District.
Crime No.3 of 2025 ... Respondent/Complainant For Petitioner :
Mr.J.Jeyakumaran For Respondent :
Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) For DefactoComplainant :
Ms.B.Muthumari PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.3 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 28.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The petitioner/Accused No.2 was arrested and remanded to judicial custody 1/6
on 25.02.2025 for the alleged offences punishable under Section 7(a) and 12 of the Prevention of Corruption (Amendment) Act, 2018 in Crime No.3 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that on 24.02.2025, at about 01.25 p.m., A1 demanded Rs.70,000/- as bribe from the defacto complainant for registration of document and advised the defacto complainant to hand over the money to A2. At about 04.30 p.m., the said amount was credited to the bank account of the petitioner. Hence the case.
4. Mr.J.Jeyakumaran, the learned counsel appearing for the petitioner, submits that the petitioner did not commit any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submits that the petitioner has been in judicial custody since 25.02.2025. He however submits that the petitioner is ready to abide by any condition that may be imposed by this Court. He therefore prays to grant bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side), appearing for the respondent-police, submits that the petitioner is a document writer and, along with A1, the Sub-Registrar, received a sum of Rs.70,000/- as a bribe from the defacto complainant for A1. He further submits that the investigation has not been completed, and therefore, at this stage, if the petitioner is enlarged on bail, he 2/6
may cause threat to the defacto complainant and tamper with the evidence. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner was arrested on 25.02.2025 and has been in judicial custody. In view of the offence alleged against the petitioner, this Court is of the opinion that further custody of the petitioner is not necessary in this case. Further, since the petitioner has permanent residence and deep roots in the society, there is less possibility of absconding. Considering the same, and also considering the period of incarceration and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judge, Special Court for Trial of Prevention of Corruption Act Cases, Madurai; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judge, Special Court for Trial of Prevention of 3/6
Corruption Act Cases, Madurai shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall furnish his residential address and mobile number to the learned Judge, Special Court for Trial of Prevention of Corruption Act Cases, Madurai;
(iv) The petitioner shall stay at Madurai District and appear and sign before the respondent-police daily at 10.00 a.m. and 05.00 p.m., until further orders; (v) The petitioner shall not enter into Thirumangalam without prior permission of the learned Judge, Special Court for Trial of Prevention of Corruption Act Cases, Madurai;
(vi) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vii) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (viii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(ix) The petitioner shall not directly or indirectly cause any threat to the defacto 4/6
complainant and witnesses and shall also not try to contact the defacto complainant either directly or through any electronic mode; and (x) On breach of any of the aforementioned conditions, the learned Judge, Special Court for Trial of Prevention of Corruption Act Cases, Madurai is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 18/03/2025 / TRUE COPY / 18/03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
mbi TO 1 THE JUDGE, SPECIAL COURT FOR TRIAL OF PREVENTION OF CORRUPTION ACT CASES, MADURAI.
2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, MADURAI DISTRICT.
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3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-3024[I] dated 18/03/2025 )
ORDER
IN CRL OP(MD) No.4035 of 2025 Date :18/03/2025 RS/IT/SAR-(18.03.2025) 6P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6