Sangeetha, W/O. S.Kathiravan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15106 of 2016 SANGEETHA ... PETITIONER/SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, TNANJAVUR DISTRICT.
CR.NO.10 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.VENKATESAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is arrayed as sole accused, who was arrested and remanded to judicial custody on 05.08.2016, for the offences punishable under Sections 7, 13(1) d read with 13(2) of the Vigilance and Anti-Corruption Act, 1988, in Crime No.10 of 2016, on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the petitioner demanded a sum of Rs.3,000/- as bribe for transferring patta in the name of the defacto complainant and a trap was laid and the petitioner was caught red handed at the time of receiving the bribe amount. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is a Village Administrative Officer and she is an innocent person and she has not committed any offence as alleged by the prosecution and she is having 6 years old child and the petitioner did not receive any amount from the defacto complainant and already patta stands in the name of the defacto complainant. The petitioner is in judicial custody from 05.08.2016.
4.The learned Government Advocate (Criminal side) submitted that the petitioner received a sum of Rs.3,000/- as bribe for transferring patta and the investigation is pending.
5.Considering the facts and circumstances of the case and also considering the contention of the learned counsel for the petitioner and the petitioner is in judicial custody from 05.08.2016, this Court is 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: (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 learned Special Judge cum Chief Judicial Magistrate, Thanjavur at Kumbakonam.
(ii)the petitioner shall report before the respondent Police daily at 10.00 a.m., until further orders.
(iii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iv)the petitioner shall not abscond either during investigation or 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].
6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.
sd/- 18/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL JUDGE CUM CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM 2 THE OFFICER-IN-CHARGE, SUB-JAIL, (WOMEN), THIRUVARUR
3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, TNANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.VENKATESAN Advocate SR.No.45214
ORDER
IN CRL OP(MD) No.15106 of 2016 Date :18/08/2016 ps SH/GSV-PM/SAR-I:18.08.2016:2P/6C