Sivakumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Sivakumar ... Petitioner Vs The Inspector of Police, Vigilance and Anti Corruption Wing Police Station, Madurai District.
(Crime No.07 of 2025) ... Respondent For Petitioner : Mr.R.L.Dhilipan Pandian For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.07 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/5
The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 07.05.2025 for the offences punishable under Sections 7(a) of the Prevention of Corruption (Amendment)Act, 1988 @ Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018 in Crime No.07 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner is working as Bill Collector in Madurai Corporation. The defacto complainant approached the petitioner for recommending and making arrangements to fix the vacant site tax for complainant's house site, for which, the petitioner demanded Rs.15,000/- as undue advantage from the complainant. Hence, a trap was organized and when the petitioner received Rs.9,000/-, he 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 07.05.2025. Therefore, he prays for grant of bail. 4.The learned Additional Public Prosecutor appearing for the respondent 2/5
would submit that the investigation in this case 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 for trial of Prevention of Corruption Act Cases, Madurai District and on further conditions 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.
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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 / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
gns TO
1. The JUDGE, Special Court for trial of Prevention of Corruption Act Cases, 4/5
Madurai District
2. The Superintendent, Central Prison, Madurai.
3. The Inspector of Police, Vigilance and Anti Corruption Wing Police Station, Madurai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-5580[I] dated 21/05/2025 )
ORDER
IN CRL OP(MD) No.8822 of 2025 Date :21/05/2025 HPS/23.05.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5