P. Asir Jebaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.641 of 2016 P. ASIR JEBARAJ ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE ANDANTE CORRUPTION, TIRUNELVELI DISTRICT.
CRIME NO.1 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S B.JEYAKUMAR Advocate For Respondent : MR.P.KANNI THEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, in Crime No.1 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act and Section 109 of the Indian Penal Code r/w 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and 406 of the Indian Penal Code and hence, seeks anticipatory bail.
2. The case of the prosecution is that one Manuvelraja was beneficiary of Indira Ninaivu Kudiyeruppu Scheme and availed subsidy of Rs.75,000/- for constructing a house in his own land. Contrary to terms of scheme, he sold the house to one Abraham, who is the brother of petitioner. On complaint, a case has been registered against the petitioner.
3. The case of the petitioner is that he is Secretary of Panchayat. His wife is the President. The defacto complainant is rival party in the election and due to motive, he has given false complaint. The beneficiary sold the house in order to settle the handloan taken by him. The petitioner is only witness to the sale deed. He is not a purchaser or seller.
4. The learned Government Advocate (Criminal Side) submitted that contrary to terms of the scheme, beneficiary sold the property and investigation is pending.
5. Considering the fact that transaction taken place in the year 2013 and the petitioner is only attesting witness to the sale deed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail https://hcservices.ecourts.gov.in/hcservices/
in the event of arrest or on his appearance before the Special Court for Vigilance and Anti Corruption Act, Tirunelveli and 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 for Vigilance and Anti Corruption Act, Tirunelveli and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioner shall appear before the Special Court for Vigilance and Anti Corruption Act, Tirunelveli within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 27/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL COURT FOR VIGILANCE AND ANTI CORRUPTION ACT, TIRUNELVELI. 2 THE INSPECTOR OF POLICE,VIGILANCE ANDANTE CORRUPTION, TIRUNELVELI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S B.JEYAKUMAR Advocate SR.No.4816 ps GJM/PM-MP/AR-I/09.02.2016/2P/5C
ORDER
IN CRL OP(MD) No.641 of 2016 Date :27/01/2016 https://hcservices.ecourts.gov.in/hcservices/