S.Madasamy @ Selvamadasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI S.Madasamy @ Selvamadasamy ... Petitioner/Sole Accused
Versus
State Rep. by The Inspector of Police, Vigilance and Anti-Corruption Wing, Thoothukudi.
(Cr.No.2 of 2024) ... Respondent/Complainant For Petitioner : Mr.C.Jeganathan,Advocate .
For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.2 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.2 1/5
of 2024 for the offence under Sections 7 of Prevention of Corruption Act, 1988 as amended in the year 2018 @ 7(b) of the Prevention of Corruption Act, 1988 as amended in the year 2018, and remanded him into judicial custody on 29.05.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that when the defacto complainant ha approached the petitioner, who is a Firka Surveyor at Vilathikulam for issuance of patta in favour of him, the petitioner has demanded a sum of Rs.3,000/- as bribe. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 29.05.2024. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of bail on the ground that the investigation is almost completed and the respondent police is awaiting the chemical analysis report. 2/5
5. Considering the period of incarceration and also considering the stage of investigation, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner 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 learned Special Judge cum Chief Judicial Magistrate, Thoothukudi. ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; iii) The petitioner shall appear before the respondent police daily at 10.30 a.m, and 04.30 p.m, He has to co-operate for the investigation. The respondent police is directed to conclude the investigation and to file a final report within a period of four weeks from the date of receipt of a copy of this order. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.
3/5
v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 12/07/2024 / TRUE COPY / 12/07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO THE SPECIAL JUDGE CUM CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.
THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, THOOTHUKUDI.
THE OFFICER INCHARGE DISTRICT PRISON, PERURANI, THOOTHUKUDI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.JEGANATHAN, Advocate ( SR-7857[I] dated 12/07/2024 ) 4/5
ORDER
IN CRL OP(MD) No.10204 of 2024 Date :12/07/2024 PKP/12.07.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5