Manikandan v. The Deputy Superintendent Of Police
CRL OP(MD). No.12414 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12414 of 2023 Manikandan ... Petitioner/Sole Accused Vs State Rep.by The Deputy Superintendent Of Police, Vigilance and Anti Corruption Wing, Theni.
(Crime No.01/2023).
... Respondent/Complainant For Petitioner : M/s.Narayanan.R, Advocate For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.01 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner /Accused, who was arrested on 30.05.2023 for the alleged offence under Section 7 of Prevention of Corruption Act, 1988 (as amended in 2018), in Crime No.01 of 2023, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner, who is working as Firka Surveyor, Koodalur had demanded a sum of Rs.15,000/- as bribe from the defacto complainant and he was caught under trap. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. The petitioner is not having any departmental enquiry and so far, no complaint has been received against him. Due to enmity, the false complaint has been foisted against him. The petitioner is in custody from 30.05.2023. Hence, prays to release him on bail. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.12414 of 2023 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was caught on a trap made by the respondent, at the time of receiving bribe from the defacto complainant. Hence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Considering the facts and circumstances of this case and the facts that in the previous occasion, the petitioner is not having any enquiry or any complaint against him and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 7.
Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate/Special Judge for PC Act Cases, Theni, and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.
sd/- 07/07/2023 / TRUE COPY / 07/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE CHIEF JUDICIAL MAGISTRATE / SPECIAL JUDGE FOR PC ACT CASES, THENI DISTRICT.
2 THE OFFICER INCHARGE, SUB JAIL, THEKKAMPATTI, THENI DISTRICT. 3 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, THENI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.NARAYANAN, Advocate ( SR-10369[I] dated 07/07/2023 ) ORDER IN CRL OP(MD) No.12414 of 2023 Date :07/07/2023 RS//SAR-(07.07.2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2