N.Kumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN M.Kumar, ... Petitioner/Accused 1 Vs The State rep.by The Deputy Superintendent Of Police, Vigilance and Anti Corruption, Virudhunagar District (Crime No.2 of 2023).

... Respondent/Complainant For Petitioner : M/s.Dilip Kumar N, 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.2 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner /A1 who was arrested and remanded to judicial custody on 24.05.2023 for the offence under section 7 of Prevention of Corruption Act in Crime No.2 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner herein demanded Rs.10,000/- and reduced to Rs.6000/- as undue advantage from the complainant for recommending and forwarding sub division patta name transfer for his land. Trap was organized in which the accused persons got red handed and phenolphthalein test also proved positive, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions:

1/3

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur and on further conditions that:

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioner shall report before the respondent police daily at 10.30 A.M. and 5.30P.M., for a period of four weeks and thereafter as and when required for interrogation. [d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/06/2023 / TRUE COPY / 22/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2 THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR.

2/3

3 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.DILIP KUMAR N Advocate SR.No.9382

ORDER

IN CRL OP(MD) No.11213 of 2023 Date :22/06/2023 SA/VR/SAR. /22.06.2023/3P/6C 3/3