Rajadurai v. The Inspector Of Police

CRL OP(MD). No.11891 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11891 of 2022 Rajadurai ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Vigilance and Anti Corruption, Thanjavur.

Crime.No.3 of 2022.

... Respondent/Complainant For Petitioner : M/s.MAYIL VAHANA RAJENDRAN.C, Advocate.

For Respondent : Mr.R.M.ANBUNITHI, 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 on 26.05.2022 for the alleged offences Section 7 of the Prevention of Corruption Act, 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 is working as Deputy Block Development Officer, Thiruvaiyaru. The defacto complainant lodged a complaint before the respondent police stating that he was a contractor in the Union Office and he completed the contract work worth about Rs.91,000/-. He approached the petitioner for making arrangement to credit the Bill amount in the bank account of him. But, however, the petitioner demanded Rs.10,000/- as bribe for sanctioning the above said amount and for passing the bill. He was not in a position to give bribe to the accused person. On the basis of the complaint given by him, trap was laid and case was registered in Crime No.3 of 2022. In pursuance of the above said trap arrangement, the defacto complainant was advised to give money, if demanded by the accused person. On 24.05.2022, at about 06.45 p.m, the defacto complainant gave money to the accused. Later, recovery process was undertaken by the Vigilance Police and he was arrested on the very same day. Ever since, he is in custody. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11891 of 2022 3.The learned Additional Public Prosecutor submitted that investigation is pending and record has been sent for Forensic Lab along with articles. He further submitted that no previous antecedents reported against the petitioner in similar nature or any nature also.

4.Considering the period of incarceration and also considering the fact that the it is a case of bribe, based upon the trap as well as the documentary evidence, continuation of judicial custody may not be required. On that ground, this Court is inclined to grant bail to the petitioner with stringent conditions. 5.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, Thanjavur at Kumbakonam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 04/07/2022 / TRUE COPY / 04/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

2 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR. 3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, THANJAVUR.

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

+1. CC to M/S.MAYIL VAHANA RAJENDRAN C Advocate SR.No.6508

ORDER

IN CRL OP(MD) No.11891 of 2022 Date :04/07/2022 SA/VR/SAR.2/04.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2