Dhanakodi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Dhanakodi ... Petitioner/sole Accused Vs State Rep.by The Inspector of Police, Vigilance and Anti Corruption Police Station, Thanjavur District.

Crime No.8/2021.

... Respondent/Complainant For Petitioner : Mr.K.Navaneetharaja, Advocate.

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

PRAYER :- For Bail in Crime no. 8 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 24.03.2021 for the offence punishable under Section 7 of Prevention of Corruption Act,1988 in Crime No.8 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the defacto complainant approached the petitioner herein and submitted an application for getting two new electric service connection for his newly constructed house, the petitioner herein who was working as an Assistant Engineer (O&M), TANGEDCO, Veeramarasanpettai, Budhalur Taluk, had demanded a sum of Rs. 9000/- as bribe, hence the case came to be registered.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that the petitioner is in jail from 24.03.2021, hence he seeks bail.

1/3

4. The learned Government Advocate(Crl.Side) appearing for the respondent opposed the bail petition stating that the investigation is at the preliminary stage. He has also produced a reply submitted by the police.

5. It is a case of trap. From the reply submitted by the prosecution it is seen that five witnesses had been examined and six documents were collected. Phenolphthalein test had been conducted and necessary material witnesses had been examined. 6.Taking into consideration the facts and circumstances of the case and also also taking into consideration the period of incarceration and also taking note of the fact the petitioner is a public servant and that there is no possibility of abscondance from the prosecution, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Special Court, Chief Judicial Magistrate, Thanjavur at Kumbakonam and on further condition that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 am., until further orders.

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

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

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

sd/- 16/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SPECIAL JUDGE, CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

2 THE OFFICER INCHARGE,DISTRICT JAIL, THANJAVUR.

3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION POLICE STATION, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.NAVANEETHARAJA, Advocate ( SR-3136[I] dated 16/04/2021 )

ORDER

IN CRL OP(MD) No.5371 of 2021 Date :16/04/2021 AAV MS/PN/SAR-1/16.04.2021/3P.6C 3/3