Ramanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2022 PRESENT THE HON`BLE MRS.JUSTICE R.THARANI RAMANATHAN ... PETITIONER/SOLE ACCUSED VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, VIGILANCE & ANTI-CORRUPTION, VIRUDHUNAGAR.

(CRIME NO.3/2022.) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.SENTHIL KUMARAIAH J ADVOCATE.

FOR RESPONDENT : MR.E.ANTONY SAHAYA PRABAHAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 3 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 27.04.2022 for the offence punishable under Section 7 of Prevention of Corruption (Amendment) Act, 2015, in Crime No.3 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner demanded bribe from the defacto complainant.

3.On the side of the petitioner it is stated that the defacto complainant is a notorious person, who involved in land grabbing offence. He obtained anticipatory bail with a condition to sign 1/3

before the police for a period of 30 days. He has signed for 20 days. The allegation against the petitioner is that he demanded Rs.10,000/- for non reporting of his absence for the past 10 days and to remove his name from the First Information Report. It is further stated that the wife of the petitioner is pregnant and she is expecting delivery and the assistance of the petitioner is very much necessary.

4.It is further stated that the case against the defacto complainant was registered by the petitioner and this false case has been foisted to take vengeance against the petitioner for taking action against the defacto complainant. The petitioner is in judicial custody for the past 37 days, hence, he seeks bail. 5.On the side of the respondent it is stated that it is a trap case. The petitioner has demanded bribe from the defacto complainant and the petitioner was arrested under the trap proceedings and prays to dismiss the petition.

6.Considering the facts and circumstances of the case and also considering the family circumstances of the petitioner and also the period of incarceration, this Court is inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 PC Act Cases, Srivilliputhur and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of thirty (30) days and thereafter, as and when required for interrogation.

sd/- 02/06/2022 / TRUE COPY / 02/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM/AAV TO 1.THE CHIEF JUDICIAL MAGISTRATE/ SPECIAL JUDGE FOR PC ACT CASES, SRIVILLIPUTHUR.

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2.THE INSPECTOR OF POLICE, VIGILANCE & ANTI-CORRUPTION, VIRUDHUNAGAR.

3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.SENTHIL KUMARAIAH.J, Advocate SR.No.5170 DATED:02.06.2022

ORDER

IN CRL OP(MD) No.9798 of 2022 Date : 02/06/2022 GC/VR/SAR-3(02.06.2022) 3P 6C 3/3