Ganesamoorthi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Ganesamoorthi ... Petitioner Vs The Inspector of Police, Vigilance and Anti Corruption Detachment, Thoothukudi District.
(Crime No.03 of 2025) ... Respondent For Petitioner :
Mr.S.Ramasamy For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.03 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 05.05.2025 for the offences punishable under Section 7(b) of the Prevention of Corruption Act, 1988 in Crime No.03 of 2025 on the file of the respondent police, seeks bail.
1/4
2.The case of the prosecution is that the petitioner is working as Village Administrative Officer. When the defacto complainant approached the petitioner for recommendation to include his name in the patta, he demanded Rs.3,000/- as bribe. Hence, trap was organized and the petitioner was caught red-handed. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 05.05.2025. Therefore, he prays for grant of bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that investigation is pending.
5.Considering the period of incarceration and considering the fact that the investigation in this case is only based on records and most of the investigation might have been completed by this time, this Court is inclined to grant bail to the petitioner on certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the Special Court / Judicial Magistrate, Thoothukudi and on further conditions 2/4
that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court 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.
c)the petitioner shall not tamper with evidence or witness. d)the petitioner shall not abscond during 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 269 BNS.
sd/- 21/05/2025 / TRUE COPY / 22/05/2025 Sub-Assistant Registrar (V) Madurai Bench of Madras High Court, Madurai - 625 023.
3/4
gns TO
1. The Special Court / Judicial Magistrate, Thoothukudi.
2. Do through the Chief Judicial Magistrate, Thoothukudi.
3. The Superintendent, Central Prison, Palayamkottai.
4. The Inspector of Police, Vigilance and Anti Corruption Detachment, Thoothukudi District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.RAMASAMY, Advocate ( SR-5578[I] dated 21/05/2025 )
ORDER
IN CRL OP(MD) No.8837 of 2025 Date :21/05/2025 NBF/22.05.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4