Madras High CourtCRL OP(MD)/7090/2016ordered

M.Balasubramaniam v. The Inspector Of Police

2016-04-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.7090 of 2016 M.BALASUBRAMANIAM ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, THANJAVUR, THANJAVUR DISTRICT.

(CRIME NO.3 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.THIRUVADI KUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 24.03.2016 for the offences punishable under Sections 7, 13(1)(d) r/w 13

(2) of Prevention of Corruption Act, 1988 in Crime No.3 of 2016, on the file of the respondent police, seeks bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. It is seen that the petitioner was trapped for receiving a sum of Rs.8,000/- by the Vigilance and Anticorruption Wing and he was arrested on 24.03.2016 and he was in judicial custody since then.

4. Taking into consideration the nature of allegations, this Court is inclined to grant bail to the petitioner. 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 for a like sum to the satisfaction of the learned Special Judge/Chief Judicial Magistrate, Thanjavur at Kumbakonam;

(ii) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

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(iv) the petitioner shall not abscond either during investigation or trial.

(v) 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];

(vi)The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioner is complying with the order or not. sd/- 27/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 THE OFFICER INCHARGE SUB JAIL, KUMBAKONAM.

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

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

+1. CC to M/S A.THIRUVADI KUMAR Advocate SR.No.24342.

ORDER

IN CRL OP(MD) No.7090 of 2016 Date :27/04/2016 AM/NGM.SS/SAR-I/27.04.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/