Dhayanidhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Dhayanidhi ... Petitioner/Accused No.1 Vs The Inspector of Police, Vigilance and Anti Corruption Unit, Virudhunagar, Virudhunagar District Crime No.4/2024.

... Respondent/Complainant For Petitioner :

Mr.G.Mariappan, 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.4/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 06.05.2024 for the alleged offence under Sections 7, 12 r/w Section 7 of Prevention of Corruption Act, 1988 as amended in 2018, in Crime No.4 of 2024, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner, who is working as Assistant Inspector of Labour, Virudhunagar has demanded a sum of Rs.1,00,000/- from the defacto complainant for the purpose of deferring a prosecution under Child Labour 1/4

Act. Hence, the complaint.

(*)3.The learned counsel appearing for the petitioner submits that the petitioner is a diabetic patient. He is languishing in jail for the past 47 days. He further submits that on his advice, the petitioner, in order to show his bonafide, has paid a sum of Rs.50,000/-, to the District Educational Officer, Virudhunagar for the welfare activities of School for differently abled Children. 4.The learned Additional Public Prosecutor appearing for the respondent submits that the investigation in this case has been substantially completed. (*)5.Considering the period of incarceration, considering that on the advice of the learned counsel for the petitioner, the petitioner, in order to show his bonafide, has paid a sum of Rs.50,000/- to the District Educational Officer, Virudhunagar and the fact that the investigation has been almost completed, this Court is inclined to grant bail to the petitioner with some conditions.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Special Judge/Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

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ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 21/06/2024 (*)Corrected as per order of this Hon'ble Court in CRL OP(MD).8709/2024 dated 21/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 21/06/2024 1 THE SPECIAL JUDGE/CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION UNIT, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-10181[I] dated 21/08/2024 ) ORDER IN CRL OP(MD) No.8709 of 2024 Date :21/06/2024 RK (21/06/2024) 4P / 7C RS/VR (27/08/2024) 4 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4