Selvaraj v. The Inspector Of Police
CRL OP(MD). No.11768 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11768 of 2022 Selvaraj ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Vigilance Anti Corruption, Sivagangai District. Crime No.06/2022.
... Respondent/Complainant For Petitioner : Mr.S.Muthumalairaja, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-For Bail in Crime No.06 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 16.06.2022 for the alleged offences under Section 7 of Prevention of Corruption Act 1988 as amended by the Prevention of Corruption (Amendment) Act, 2018, in Crime No.06 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner is working as a Commercial Inspector in the Electricity Board Department and he was demanded and obtained Rs.2,500/- as bribe from the defacto complainant. Based on the complaint given by the defacto complainant, a trap was organized on 16.06.2022 and the petitioner was arrested and a sum of Rs.2,500/- recovered from the petitioner and on the very same day itself, the petitioner was remanded to judicial custody. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that no previous case is pending against this petitioner and no departmental enquiry is pending against him. He would further submit that the petitioner is in judicial custody from 16.06.2022. 4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the respondent police has to https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.11768 of 2022 collect all the relevant documents from the department and report to be received the forensic laboratories.
5. It appears that, it is the case of corruption and since the petitioner is working as Commercial Inspector, there is no possibility of abscond. The entire documents sent to forensic laboratories, it will take long time to file a report. 6.Considering the facts and circumstances of this case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 7.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 Special Court for Trial of Cases under Prevention of Corruption Act Sivagangai District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 06/07/2022 / TRUE COPY / 06/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER PREVENTION OF CORRUPTION ACT, SIVAGANGAI.
2 THE OFFICER INCHARGE, SUB JAIL, SIVAGANGAI.
3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to MR.S.MUTHUMALAIRAJ, Advocate (SR-6649[I] dated 06/07/2022 )
ORDER
IN CRL OP(MD) No.11768 of 2022 Date :06/07/2022 TTA MK/PN/SAR.IV/06.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2