Prakasam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.17087 of 2022 Prakasam ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Vigilance and Anti Corruption, Sivagangai District.

(Crime No.8/2022).

... Respondent/Complainant For Petitioner : M/s.Karuppasamy Pandiyan G, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.8/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 07.09.2022 for the offences punishable under Section 7 of Prevention of Corruption Act, in crime No.8 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner, who was the President of Panchayat Board, had demanded bribe of Rs.25,000/- from the defacto complainant for giving permission for electricity connection. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not received any amount from the de-facto complainant. He would further submit that the petitioner is in judicial custody from 07.09.2022, hence he may be granted bail. 4.The learned Additional Public Prosecutor would submit that it is a trap case and the Forensic Laboratory report is yet to be received and the investigation is not yet completed. Hence, he strongly opposed for grant of bail to the petitioner. 5.Considering the gravity and nature of the offence and also considering the fact that the Forensic Laboratory report is not yet received and also the fact that the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner at this point of time.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 23/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, SIVAGANGAI DISTRICT.

2. THE OFFICER INCHARGE, SUB JAIL, SIVAGANGAI.

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

ORDER

IN CRL OP(MD) No.17087 of 2022 Date :23/09/2022 SP/VR/SAR I/06/10/2022/2P/4C https://www.mhc.tn.gov.in/judis