Rajasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 23/08/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)Nos.14525 and 14527 of 2022 (1)Crl.OP(MD)No.14525 of 2022:- Rajasekaran : Petitioner/A1 Vs.

The Inspector of Police, Vigilance & Anti-Corruption Wing, Karur District.

(Crime No.02/AC/2022) : Respondent/Complainant For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR BAIL under Sec.439 of Cr.P.C PRAYER :- C-34B.For Bail in Crime No.02/AC/2022 on the file of the Respondent Police.

(2)Crl.OP(MD)No.14527 of 2022:- S.Surender : Petitioner/A2 Vs.

The Inspector of Police, Vigilance & Anti-Corruption Wing, Karur District.

(Crime No.02/AC/2022) : Respondent/Complainant For Petitioner : Mr.T.Jeen Joseph For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR BAIL under Sec.439 of Cr.P.C PRAYER :- C-34B.For Anticipatory Bail in Crime No. 02/AC/2022 on the file of the Respondent Police. COMMON ORDER:- The Court made the following order:- The petitioners, who are arrayed as A1 and A2 were arrested, on 21/07/2022 and remanded to judicial custody for the alleged offence punishable under section 7(a) of the Prevention of Corruption Act, 1988, in Crime No. 02/AC/2022, on the file of the respondent police, seek bail.

2.The case of the prosecution is that the de-facto complainant namely Palanisamy lodged a complaint stating that for the purpose of transfer of patta, after the death of the father and mother, he required legal heirs certificate and he applied for the same, on 07/02/2022. Enquiry was made as per the procedure and even after a lapse of reasonable time, legal heirs certificate was not issued. On 14/07/2022 at about 3.00 pm, he approached the accused Rajesh about the legal heirs certificate. At that time, he demanded Rs.30,000/- as bribe amount. But he expressed his inability for arranging such a huge amount, but the above said accused refused to reduce the amount and issue the certificate. Again he approached the above said Rajesh, on 10/01/2011. Finally, the amount was reduced to Rs.10,000/-.

When he was not willing to pay the bribe amount to the accused, he approached the Vigilance Department. On the basis of the complaint given by him, the case was registered. As per the procedure, pre-trap arrangement and trap arrangements were made and on 21/07/2022 at about 12.10 pm, A1 was arrested, when he demanded and accepted the bribe amount. During the course of the investigation, the involvement of the A2S.

as a private driver of A1. Further enquiry reveals that A2 has been routinely and usually used by all the Tashidlars, for receiving the bribe amount. On that basis, he was also arrested and remanded to judicial custody.

3.Seeking bail, A1 and A2 moved this court by way of filing separate bail applications.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the offence is serious in nature and A1 is working as Tashidhar, demanded Rs.30,000/- as bribe amount and finally, it was reduced to Rs.10,000/-. He was arrested red-handed at the time of receiving the bribe amount. The investigation is in the preliminary stage. When he approached the Special Judge, Karur for bail, that was dismissed on the ground that the investigation was in the preliminary stage. Now they are before this court on the ground that as per the manual, that has been prepared for guiding the Anti-Corruption Department, while dealing with such a case, it has been specifically made that arrest should not be made routinely.

5.Further, it is seen that the manual is only for a guideline and it cannot have statutory force. I find that this sought of argument cannot be advanced and accepted. But however, considering the fact that the investigation has been undertaken and major portion of the investigation is also over and only chemical report is yet to be received and apart from that, call details of the accused persons have also been made and also consideration the period of incarceration and also considering the fact that no previous offence of this nature, either of this nature or some other nature has been reported against the petitioners, these petitions are liable to be allowed on condition that the petitioners/A1 and A2 must appear before the respondent police and cooperate with them for the completion of the process of investigation.

Accordingly, the petitioners are ordered to be released on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.

the petitioner shall report before the respondent police daily at 10.30 am until further orders.

23/08/2022 Index:Yes/No Internet:Yes/No er To, 1.The Inspector of Police, Vigilance & Anti-Corruption Wing, Karur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Central Prison, Trichy.

G.ILANGOVAN,J er Crl.OP(MD)Nos.14525 and 14527 of 2022 23/08/2022