A.Eswaran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Eswaran ... Petitioner/Accused No.1 Vs The Inspector of Police, Vigilance and Anti-Corruption Wing, Sivagangai Detachment.
(Crime No. 6/2024).
... Respondent/Complainant For Petitioner :
M/s.T.K.Gopalan, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.6/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 29.08.2024 for the offences punishable under Sections 7(a) and 12 of Prevention of 1/4
Corruption Act, 1988(Amendment) Act, 2018 in crime No.6 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner herein, who is working as a Sub Registrar, has demanded a sum of Rs.18,000/- as bribe from the defacto complainant to get the rectification deed registered. Hence, the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of allegation against the petitioner that the petitioner was caught red handed while attempting to receive the bribe and considering the argument of the learned counsel for the petitioner that the petitioner is wrongly implicated and that he is even filing details of the assets of the petitioner and considering the fact that the petitioner is in jail from 29/8/2024, I am inclined to enlarge the petitioner on bail.
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 Special Court for trial of cases under the Prevention of Corruption Act, Sivagangai. (i)the sureties shall affix their photographs and left thumb impression in the 2/4
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 appear before the respondent Police daily at 10.30 a.m for a period of four 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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/09/2024 / TRUE COPY / 19/09/2024 Sub-Assistant Registrar (Writs) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP 3/4
To 1.The Judge, Special Court for trial of cases under the Prevention of Corruption Act, Sivagangai.
2.The Inspector of Police, Vigilance and Anti-Corruption Wing, Sivagangai Detachment.
3.The Superintendent, Central Prison, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.K.GOPALAN, Advocate ( SR-11408[I] dated 19/09/2024 )
ORDER
IN CRL OP(MD) No.15459 of 2024 Date :19/09/2024 ED/ /SAR- (19/09/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4