Krishnamoorthy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP (MD) No.4182 of 2025 Krishnamoorthy ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vigilance and Anti-Corruption Wing, Tiruchirappalli, Tiruchirappalli District.
Crime No.3 of 2025 ... Respondent/Complainant For Petitioner : Mr.S.Veerapandi Selvaraj For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor 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 :- 1/6
This Criminal Original Petition has been filed by the petitioner on 04.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The petitioner/A2 was arrested and remanded to judicial custody on 17.02.2025 for the alleged offences punishable under Section 12 read with Section 7(a) 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 13.02.2025, at about 10:45 a.m., the defacto complainant went to the Electricity Board for approval of a three-phase electricity connection to the Badminton Court. At that time, the petitioner, along with other accused person, demanded a bribe of Rs.10,000/-, and the defacto complainant agreed to give the same on 17.02.2025. Thereafter, the defacto complainant lodged a complaint with the respondent. Hence the case.
4. Mr.S.Veerapandi Selvaraj, the learned counsel appearing for the petitioner, submits that the petitioner did not commit any offence as alleged by the prosecution and that a false case has been foisted against him. He however submits that the petitioner is ready to abide by any condition that may be imposed by this Court. He further submits that the petitioner has been in judicial custody since 17.02.2025. He therefore prays to grant bail to the petitioner. 2/6
5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner and other accused person were caught red handed while receiving bribe amount. He further submits that if the petitioner is enlarged on bail, he will commit similar offence and cause threat to the defacto complainant and witnesses. 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 17.02.2025 and has been in judicial custody. In view of the offences alleged against the petitioner, this Court is of the opinion that further custody of the petitioner may not be necessary in this case. Further, the petitioner has permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the same, and also considering the period of incarceration, 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 cases under the Prevention of Corruption Act, Tiruchirappalli; 3/6
(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 cases under the Prevention of Corruption Act, Tiruchirappalli 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 cases under the Prevention of Corruption Act, Tiruchirappalli;
(iv) The petitioner shall appear and sign before the learned Judge, Special Court for trial of cases under the Prevention of Corruption Act, Tiruchirappalli, on all working days at 10.30 a.m., until further orders; (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) 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; (vii) 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;
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(viii) The petitioner shall also not directly or indirectly cause any threat to the defacto complainant and the witnesses; and (ix) On breach of any of the aforementioned conditions, the learned Judge, Special Court for trial of cases under the Prevention of Corruption Act, Tiruchirappalli 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/- 13/03/2025 / TRUE COPY / 14/03/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO 1 THE JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, TIRUCHIRAPPALLI. 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHIRAPPALLI. 5/6
3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, TRICHIRAPPALLI, TRICHIRAPPALLI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.VEERAPANDI SELVARAJ, Advocate ( SR-2740[I] dated 13/03/2025 )
ORDER
IN CRL OP(MD) No.4182 of 2025 Date :13/03/2025 NBF/SAR/ (14/03/2025) 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6