Anbazhagan v. The Inspector Of Police

Crl.OP(MD)No.12176 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 12/07/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.12176 of 2022 Anbazhagan : Petitioner/Sole Accused Vs.

The State rep.by, The Inspector of Police, Vigilance Anti-Corruption Wing, Tiruelveli District.

(Crime No.6 of 2022) : Respondent/Complainant For Petitioner : Mr.Raja Karthikeyan, 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.6 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as sole accused was arrested, on 24/06/2022 and remanded to judicial custody for the alleged offences punishable under section 7(a) of the Prevention of Corruption Act, in Crime No.6 of 2022, seeks bail.

2.The case of the prosecution is that the de-facto complainant has lodged a complaint stating that the petitioner demanded a sum of Rs.6,000/- as bribe amount for carrying out survey and for change of patta. So based upon the complaint given by the de-facto complainant, trap was laid and subsequent, case has been registered and the petitioner was arrested and remanded to judicial custody on 24/06/2022.

3.Heard both sides.

4.The matter was originally heard, on 07/07/2022, at that time, the learned Additional Public Prosecutor would submit that the petitioner was caught red handed, when he was found accepting the bribe amount of Rs.6,000/- from the de-facto complainant, during the https://www.mhc.tn.gov.in/judis 1/2

Crl.OP(MD)No.12176 of 2022 trap proceedings. On that account, he was required to produce the Mazahar. So the matter was adjourned. Now it has been produced, wherein we find that as per the pre-trap arrangement, the de-facto complainant visited the petitioner's office and at that time, he enquired whether he has brought the money, that was demanded by him. In pursuance of the above said demand, the de-facto complainant handed over the money and later, the trap team arrived and the accused was caught red handed, since sodium bicarbonate test turned positive. So according to the learned Additional Public Prosecutor, the petitioner was caught red handed by the police team and he is in custody, since 24/06/2022. Now the investigation is also in the initial stage.

It is also informed to the court that disciplinary proceeding is pending against the petitioner and no previous bad antecedent is reported against the petitioner. 5.Considering the duration of the custody and also considering the fact that the entire prosecution is based upon the documentary evidence and no bad antecedent is reported against the petitioner, this court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered 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 PC Act cases, Tirunelveli and on further condition that the petitioner shall report before the respondent police daily at 10.30 am until further orders.

sd/- 12/07/2022 / TRUE COPY / 12/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, SPECIAL COURT FOR PC ACT CASES, TIRUNELVELI.

2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.RAJA KARTHIKEYAN Advocate SR.No.6966.

ORDER

IN CRL OP(MD) No.12176 of 2022 Date :12/07/2022 MK/VR/SAR.I/12.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2