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Madras High CourtCRL OP(MD)/11878/2024ordered

Jegadeesan v. The Inspector Of Police

2024-08-06Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.08.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Jegadeesan ... Petitioner/1st Accused

Versus

State rep. by The Inspector of Police, Vigilance and Anti-Corruption Wing, Madurai.

Cr.No.7 of 2024 ... Respondent/Complainant For Petitioner: Mr.T.Lenin Kumar Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.7 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.7 of 2024 for the offence under Sections 7 of Prevention of Corruption Act, 1988, Section 13(2) r/w. Section 13(1)(a) of Prevention of Corruption (Amendment) Act, 2018 and remanded him into judicial custody on 19.06.2024. Therefore, the petitioner has filed 1/5

this petition seeking bail.

2. The case of the prosecution is that on 18.06.2024, the petitioner, who was working as Bill Clerk in the office of the TNCSC, Madurai, has demanded and accepted an undue amount of Rs.16,620/- from the defacto complainant for making arrangements to issue bill in the name of his wife for the procured 277 canny bags of paddy from the complainant and for processing to disburse the billed amount to the complainant. Hence, the case.

3. This is the second bail petition filed by the petitioner. The earlier bail petition filed by the petitioner, in Crl.O.P.(MD)No.9503 of 2024, was dismissed by this Court, on 28.06.2024, by considering the nature of offence.

4. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is having a good chance to establish his innocence during the trial. The petitioner, to show his bona fide, has filed an undertaking affidavit before this Court that he is prepared to provide a Water Purifier to the Government High School, Oomachikulam, for the benefit of the school students and he will not indulge in any other offence in future.

5. The learned Government Advocate (Crl. Side) submits that the investigation is yet to be completed.

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6. Considering the nature of offence, the period of incarceration and also considering the undertaking affidavit filed by the petitioner before this Court that he is prepared to provide a Water Purifier to the Government High School, Oomachikulam and he will not indulge in any further offence, this Court is inclined to grant bail to the petitioner with certain conditions.

7. 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) with two sureties each for a like sum to the satisfaction of the learned Judge, Special Court for Trial of Prevention of Corruption Act Cases, Madurai.

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 twice, i.e. morning at 10.30 a.m. and evening at 5.30 p.m., until further order. He has to co-operate for the investigation. iv) The petitioner shall provide a Water Purifier to the Government High School, Oomachikulam, as per the undertaking given 3/5

by him before this Court. He shall also file an undertaking affidavit before the respondent Police that he will not indulge in any other offence in future.

v) 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. vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 06/08/2024 / TRUE COPY / 06/08/2024 Sub-Assistant Registrar ( A.D.II ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE JUDGE, SPECIAL COURT FOR TRIAL OF PREVENTION OF CORRUPTION ACT CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION WING, MADURAI.

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

COPY TO:

THE HEADMASTER, GOVERNMENT HIGH SCHOOL, OOMACHIKULAM.

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-9504[I] dated 06/08/2024 )

ORDER

IN CRL OP(MD) No.11878 of 2024 Date :06/08/2024 SA/06.08.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5