V. Murugan @ Murugaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN V. Murugan @ Murugaiah ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Vigilance and Anti Corruption, Tirunelveli District.

(Crime No.12/2021).

... Respondent/Complainant For Petitioner : Mr.V.KATHIRVELU, Senior Advocate for Mr.K.Prabhu, Advocate.

For Respondent : Mr.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.12 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who were arrested on 12.11.2021 for the alleged offence under Section 7(A) of the Prevention of Corruption Act, 1988, in Crime No.12 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is working as a clerk in Sangupuram Panchayat. On 10.11.2021, the petitioner demanded a sum of Rs.20,000/- as bribe from the defacto complainant for the purpose of sanctioning fund to reconstructing the defacto complainant's house under the Central Government Scheme. Since he is not wiling to pay the bribe, the present case came to be registered.

3.When the matter is taken up for hearing on 08.12.2021, the learned Senior counsel for the petitioner has submitted that the allegation against the petitioner was admitted. But, no acceptance has been brought on record, during the course of investigation. On that ground, the matter was listed today. for clarification. 1/3

4. The learned Senior counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would further submit the petitioner is in judicial custody from 12.11.2021. Hence, he seeks bail to the petitioner.

5. The learned Additional Public Prosecutor for the respondent police has produced the Case Diary. Wherein, it has been stated that based upon the oral complaint given by the defacto complainant, on 13.11.2021, the officials of the Vigilance and Anti Corruption, Tirunelveli District, proceeded to the office of the Sangupuram Panchayat. But the petitioner was not available there. At that time, the petitioner contacted the defacto complainant through phone and directed him to come to his house. Later, immediately, they went to the house of the petitioner and caught the accused red handed, while accepting the bribe amount of Rs.20,000/- and the acceptance was proved.

6.Considering the facts and circumstances of the case and also considering the fact that no bad antecedents is reported against the petitioner, that the petitioner is in judicial custody form 12.11.2021 and that the petitioner is Officer in nature, the question of tampering the evidences is not possible, this Court is inclined to grant bail to the petitioner.

7.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 Special Court for Trial Of cases under the Prevention Of Corruption Act, Tirunelveli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 13/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, TIRUNELVELI.

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2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

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

ORDER

IN CRL OP(MD) No.19408 of 2021 Date :13/12/2021 SA/PN/SAR.4/13.12.2021/3P/5C 3/3