Murugesan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Murugesan (M/32) S/o.Karuppaiyan ..Petitioner/ Accused No.1 Vs State of Tamil Nadu Rep by the Inspector of Police, Vigilance and Anti-Corruption Wing, Thanjavur.

(Crime No.3 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Venkatesan 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.3 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 04.06.2025 for the offences punishable under Sections 7 and 12 r/w 7 of 1/5

the Prevention of 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 petitioner had received a sum of Rs.5,000/- as bribe through A2 who is the owner of the Sri Selliyamman Online Sevai from the defacto complainant in order to measure the land and to recommend for sub-division Patta. Further, the accused persons were got red- handed by the respondent police.

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. He would further submit that there is no previous case pending against the petitioner and co-accused had already been arrested and thereafter, she released on bail by this Court in Crl.O.P.(MD).No.10475 of 2025 dated 20.06.2025. He would further submit that the petitioner is in judicial custody from 04.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there is no previous case pending against the petitioner and the investigation is almost completed. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that most of the investigation might have been completed and there is no 2/5

previous case pending against the petitioner and taking into consideration of the period of incarceration suffered by the petitioner, 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 learned Principal District and Sessions 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 his residential address and mobile number to the learned Principal District and Sessions Judge, Thanjavur. (c)If the petitioner changes his residential address, he shall report the same to the learned Principal District and Sessions Judge, Thanjavur. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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[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 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 269 BNS.

sd/- 27/06/2025 / TRUE COPY / 27/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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MSRM TO

1. THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, THANJAVUR.

2. THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

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

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

ORDER

IN CRL OP(MD) No.10806 of 2025 Date :27/06/2025 PR/27.06 .2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5