Madras High CourtCRL OP(MD)/12739/2023granted

Krishna @ Krishnan v. The Inspector Of Police

2023-07-13Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12739 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12739 of 2023 Krishna @ Krishnan ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Vigilance and Anti Corruption, Thoothukudi District.

Crime No.4 of 2023.

... Respondent/Complainant For Petitioner : Mr.P.Ponraj, 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.4 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who was arrested on 14.06.2023 for the alleged offence under Section 7(b) r/w. 12 of the Prevention of Corruption Act, 1988, as amended in 2018, in Crime No.4 of 2023, on the file of the respondent police, seeks bail. 2.The prosecution case is that the A1, who is the Tahsildar in Kovilpatti Taluk, received Rs.30,000/- as bribe for issuing No Objection Certificate from the defacto complainant for the purpose of laying the house plots. Trap was laid. On the date of trap, she was arrested red handed and money was also recovered from the petitioner. Apart from that the this petitioner who is the Driver was also arrested on the same day. The A1 and A2 moved bail applications before the concerned Court in Cr.M.P. Nos.10285 and 11060 of 2023, which came to be dismissed by the order dated 24.07.2023 and 13.07.2023 respectively.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12739 of 2023 3.The learned counsel for the petitioner submitted that the petitioner is the Driver of the A1, who is the Tahsildar, Kovilpatti Taluk and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody for one month and the co-accused has been released on bail by this Court in Crl.O.P(MD) No.12274 of 2023, dated 06.07.2023.

4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is not having any previous case.

5.Considering the fact and circumstances of this case and considering the period of incarceration and co-accused has been released on bail, this Court is inclined to grant bail to the petitioner with certain conditions;

6.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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thoothukudi District, and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. sd/- 13/07/2023 / TRUE COPY / 13/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1 THE JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, THOOTHUKUDI DISTRICT.

4 THE OFFICER INCHARGE, PERAVOORANI DISTRICT JAIL, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.P.PONRAJ, Advocate ( SR-10672[I] dated 13/07/2023 ) ORDER IN CRL OP(MD) No.12739 of 2023 Date :13/07/2023 RS/VR/SAR-(13.07.2023) 2P 7C https://www.mhc.tn.gov.in/judis 2/2