Muthuvel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Muthuvel ... Petitioner/Accused No.2 Vs The Inspector of Police, Anti Corruption and Vigilance Wing, Ramanathapuram District, Cr.No.17 of 2024..

... Respondent/Complainant For Petitioner : M/s. Karuna.V, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.17 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 1/5

09.08.2024 for the offence punishable under Section 7(a) of Prevention of Corruption Act, 1988 as amended in 2018, in Crime No.17 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is working as Electrical Commercial Assistant in TNEB at Assistant Engineer Office, Kadaladi. When the defacto complainant approached the petitioner for getting electricity connection for his house, the petitioner demanded a sum of Rs.5,000/- as bribe. Hence, the complaint.

3. Heard both sides.

4. Considering the nature of the allegations against the petitioner that the petitioner was caught red handed while attending to get a bribe and also considering the fact that the co-accused (A1) was already released on bail by the lower Court, 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 2/5

Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Special Court for Prevention of Corruption and Vigilance Cases, Chief Judicial Magistrate Court, Ramanathapuram.

(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 three weeks and thereafter, as and when required for interrogation; (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 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/09/2024 / TRUE COPY / 04/09/2024 Sub-Assistant Registrar (CO) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO

1. THE JUDGE, SPECIAL COURT FOR PREVENTION OF CORRUPTION AND VIGILANCE CASES, CHIEF JUDICIAL MAGISTRATE COURT, RAMANATHAPURAM.

2. THE OFFICER IN CHARGE, DISTRICT JAIL, RAMANATHAPURAM..

3. THE INSPECTOR OF POLICE, ANTI CORRUPTION AND VIGILANCE WING, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.V.KARUNA, Advocate ( SR-10836[I] dated 04/09/2024 ) 4/5

ORDER

IN CRL OP(MD) No.14072 of 2024 Date :04/09/2024 RK (04/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5