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Madras High CourtCRL OP(MD)/10475/2025allowed

P. Sudha v. The State Of Tamilnadu Rep By Inspector Of Police, Thanjavur,V And Ac

2025-06-20Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI P.Sudha, D/o.Pitchaipillai, ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, Vigilance and Anti-Corruption, Thanjavur District.

(Crime No.3 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Karunanithi Advocate.

For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.3 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 05.06.2025 for the offences punishable under Sections 7 of Prevention of 1/5

Corruption Act, 1988 altered into U/s.7 and 12 r/w.7 of Anti Corruption Act in Crime No.3 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the first accused demanded Rs.5000/- from the defacto-complainant as bribe amount in order to measure the land and to recommend for sub-division patta. After trap proceedings, first accused and this petitioner caught red handed by the respondent police. This petitioner running a ESeva Centre near the VAO Office, the bribe money has been recovered intact from the possession of this petitioner, who received it as directed by the first accused. Hence, the case.

3. The learned counsel for the petitioner would submit that this petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. The petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner's nephew-in-law (Husband's own brother's son) was died on 13.06.2025, she has to attend the funeral, which is to be performed on 23.06.2025. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 05.06.2025 nearly 15 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the first accused demanded Rs.5000/- as bribe amount from the defacto-complainant, 2/5

on 28.05.2025, as per the direction of the first accused, this petitioner received the bribe amount and kept in her E-Seva Xerox shop, both the accused persons were arrested and remanded into judicial custody. The property was recovered by the respondent police. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the petitioner's nephew-in-law's funeral scheduled to be held on 23.06.2025, the property was already seized by the respondent police, the petitioner/2nd accused remanded into judicial custody on 05.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Principal District Judge, Thanjavur, and on further conditions that :- [a] 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.

[b] The petitioner shall furnish her residential address and contact number to the Principal District Judge, Thanjavur. If the petitioner changes her residential 3/5

address, she shall report the same to the Principal District Judge, Thanjavur; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. from Wednesday i.e., on 25.06.2025, until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 20/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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GVN TO

1. THE PRINCIPAL DISTRICT JUDGE, THANJAVUR

2. THE JUDICIAL MAGISTRATE, THANJAVUR.

3. THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

4. THE SUPERINTEDENT, CENTRAL WOMEN PRISON, TRICHY

5. THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.10475 of 2025 Date :20/06/2025 PR/20.06 .2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5