T.Jeyaraman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI T.Jeyaraman ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Vigilance and Anticorruption Wing, Madurai.

Crime No.8 of 2021 ... Respondent/Complainant For Petitioner : Mr.A.ROBINSON, Advocate.

For Respondent : Mr.T.SENTHILKUMAR, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.8 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 09.07.2021 for the offences punishable under Section 7 of the Prevention of Corruption Act, in Crime No.8 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is working as a Tax Collector at Madurai Corporation Tax Collection Centre, Alagappa Nagar, Madurai. When the de-facto complainant approached the petitioner for fixation of professional tax, the petitioner demanded a sum of Rs.4,500/- as bribe. Based on the complaint lodged by the defacto complainant, the petitioner was arrested in a trap on 09.07.2021 and remanded to judicial custody. 3.The learned counsel for the petitioner submitted that the petitioner has not indulged in any offence as alleged by the prosecution. Further the petitioner, being a cancer patient, is undergoing chemotherapy periodically at Cancer Institute, Adayar, 1/3

Chennai. Therefore, he prayed for grant of bail. The learned counsel has also produced certain medical documents.

4.The learned Government Advocate(Crl.Side) appearing for the respondent opposed for grant of bail on the ground that the investigation is yet to be completed.

5. It is a case of trap and this petitioner was arrested on 09.07.2021. Though this Court is not inclined to grant bail to the petitioner, since the learned counsel for the petitioner claims that the petitioner is a cancer patient and he has to periodically undergo chemotherapy and placed medical records in support of such a claim, this Court grants bail to the petitioner. 6.Accordingly, this Criminal Original Petition is ordered. The petitioner is directed to be released on bail 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 learned Special Court for Trial of Prevention of Corruption Act Cases, Madurai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. When the petitioner is about to take chemotherapy treatment, he has to file necessary application before the respondent Police seeking relaxation for the particular date of treatment.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

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 SPECIAL JUDGE, TRIAL OF PREVENTION OF CORRUPTION ACT CASES, MADURAI.

2.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3.THE INSPECTOR OF POLICE VIGILANCE AND ANTICORRUPTION WING, MADURAI 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 cc to Mr.A.Robinson Advocate, SR.No.5518

ORDER

IN CRL OP(MD) No.11179 of 2021 Date :19/08/2021 SA/VR/SAR.3/19.08.2021/3P/6C 3/3