Kuppathal, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8621 of 2018 KUPPATHAL ... PETITIONER/SOLE ACCUSED Vs THE STATE BY, THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, DINDIGUL, CR.NO.2 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.D.VENKATESH, Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, 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 the Sole Accused. He was arrested and remanded to judicial custody on 30.04.2018 for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 altered into under Section 7 & 13 r/w 13(1)(d) of the Prevention of Corruption Act, 1988, in Crime No.2 of 2018, on the file of the respondent police. He seeks bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3.The petitioner was caught red handed in a case of bribe. The investigation must have been substantially over by now. The incarceration of the petitioner is not really warranted. 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 Chief Judicial Magistrate/Special Judge for Prevention of Corruption Act Cases, Dindigul.

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(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)the petitioner shall not abscond.

(iv)on breach of any of the aforesaid conditions, the 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 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]. sd/- 05/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE/ SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT CASES, DINDIGUL.

2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, DINDIGUL.

3 THE OFFICER INCHARGE, SUB JAIL (WOMEN'S PRISON), NILAKOTTAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.D.VENKATESH, Advocate SR.No.9516

ORDER

IN CRL OP(MD) No.8621 of 2018 Date :05/06/2018 PK/PN/ASVM/05.06.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/