K.Jeeva v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5186 of 2020 K.Jeeva ... Petitioner/Sole Accused Vs State rep by The Inspector of Police, Vigilance and Anti-Corruption, Sivagangai, (Crime No. 1 of 2020) ... Respondent/Complainant For Petitioner : M/s. P.Venkata Subramanian, Advocate.

For Respondent : Mr.S.Chandrasekar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is a sole accused. She was arrested and remanded to Judicial Custody on 13.02.2020 for the offences punishable under sections 7 (a) of Prevention of Corruption Act, 1988 (as amended in Act 16 of 2018, in Crime No.1 of 2020 on the file of the respondent police. She seeks bail. 3.The learned counsel for the petitioner would submit that the petitioner is a physically disabled person, aged about 50 years and that she is in judicial custody for more than 40 days. Hence, the learned counsel for the petitioner would pray for grant of bail. 4.Taking note of the fact that the petitioner is a physically disabled person and being in prison, nearly 2 months, this Court is inclined to grant bail to the petitioner. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is ordered to be released on bail on her executing own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the Superintendent, Central Prison (Women), Madurai and following conditions:

[a] the petitioner shall report before the respondent police for interrogation, as and when required.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 15/04/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE / SPECIAL JUDGE, VIGILANCE AND ANTI-CORRUPTION, SIVAGANGAI 2 THE SUPERINTENDENT, CENTRAL PRISON(WOMEN), MADURAI. 3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION, SIVAGANGAI, 4 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI

ORDER

IN CRL OP(MD) No.5186 of 2020 Date :15/04/2020 https://hcservices.ecourts.gov.in/hcservices/ SDS/SKN/SAR2(15/04/2020) 2P 5C