Parthiban v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Parthiban ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Vigilance & Anti - Corruption Police Station, Ramanathapuram District.

Crime No.3 of 2025 ... Respondent/Complainant For Petitioner :

Mr.V.Balaji for Mr.A.Muralikumar For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.3 of 2025 on the file of the respondent-police. 1/6

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 28.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Section 7(a) of 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 06.02.2025, the petitioner, who is working as a Village Administrative Officer in R.S. Mangalam Taluk demanded money from the defacto complainant for issuance of patta. Hence, the case.

4. Mr.V.Balaji, learned counsel appearing for Mr.A.Muralikumar, learned counsel on record for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and a false case has been foisted against him. He however submits that the petitioner appeared before the respondent-Police and co-operated with the investigation. He further submits that the petitioner is ready to 2/6

abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.

5. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, admits that the petitioner appeared before the respondentPolice and co-operated with the investigation. He, however, considering the nature of offence prays to dismiss the Criminal Original Petition.

6. Heard on both sides and perused the records.

7. In view of the conduct of the petitioner, this Court is of the opinion that custodial interrogation is not necessary for the investigation agency. Further, the petitioner has permanent residence and deep roots in the Society and therefore, there is less possibility of absconding. Considering the same and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: (i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Chief Judicial Magistrate, Ramanathapuram, within a period of 15 days from the date on which the order copy 3/6

is made ready, on executing a bond for a sum of 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 Chief Judicial Magistrate, Ramanathapuram;

(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 Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioner shall make himself available for interrogation by a police officer as and when required;

(iv) 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; (v) The petitioner shall not leave India without the previous permission of the Court;

(vi) Thereafter, the petitioner shall appear and sign before the respondent-Police weekly thrice i.e., on every Monday, Wednesday and Friday at 10.00 a.m. until further orders;

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(vii) The petitioner shall furnish his residential address and mobile number to the learned Chief Judicial Magistrate, Ramanathapuram; (viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, concerned Judicial Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them 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/- 15/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.

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2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.A.MURALIKUMAR, Advocate ( SR-4253[I] dated 16/04/2025 )

ORDER

IN CRL OP(MD) No.6061 of 2025 Date :15/04/2025 SS/SAR- /02/05/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6