Madras High CourtCRL OP(MD)/11947/2024allowed

Murugesan v. The Deputy Superintendent Of Police

2024-08-06Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Murugesan ... Petitioner/Sole Accused Vs

1. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Trichy.

2. The Inspector of Police, Vigilance and Anti-Corruption, Trichy.

Crime No. 9/2024.

... Respondents/Complainants For Petitioner : Mr.K.Arunraj, Advocate For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 9 of 2024 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 23.07.2024 for the offences punishable under Sections 7 (a) of Prevention of Corruption Act, 1988 (Amended 2018), in crime No, 9 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is the Surveyor. He has demanded bribe from the defacto complainant for transferring patta to the defacto complainant's name. Hence the case.

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the facts and circumstances of the case, considering the fact that the petitioner is arrested pursuant to a trap case and also considering the fact that the major part of the investigation have been completed, this Court is inclined to grant bail to the petitioner on certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and 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 Special Judge, Special Court for the Trial of Prevention of Corruption Act Cases, Trichy;

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(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks;

(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. sd/- 06/08/2024 / TRUE COPY / 06/08/2024 Sub-Assistant Registrar ( A.D.II ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE SPECIAL JUDGE, SPECIAL COURT FOR THE TRIAL OF PREVENTION OF CORRUPTION ACT CASES, TRICHY.

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2 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

3 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION, TRICHY.

4 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, TRICHY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.ARUNRAJ, Advocate ( SR-9495[I] dated 06/08/2024 ) ORDER IN CRL OP(MD) No.11947 of 2024 Date :06/08/2024 SA/06.08.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4