Sathiskumar v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sathiskumar ... Petitioner/Sole Accused Vs State of Tamilnadu, Rep by the Inspector of Police, Vigilance and Anti Corruption Police Station, Pudukkottai District.
Crime No.4/2024..
... Respondent/Complainant For Petitioner : Mr.G.Mathavan, 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.4/2024 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 1/5
on 20.08.2024 for the offences punishable under Section 7(a) of Prevention of Corruption Act, in crime No.4 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 Village Administrative Officer, demanded a sum of Rs.3,000/- from the defacto complainant for the process of patta application. 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 allegations that the petitioner being the Village Administrative officer was caught red handed while accepting the bribe and considering the fact that he is in judicial custody from 20/08/24, I am inclined to enlarge the petitioner on bail. Since this is the trap case, the investigating officer shall ensure timely filing of final report and the supervising officer shall also ensure that the final report is filed and taken on file at the earliest.
5. Accordingly, this Criminal Original Petition is allowed and the petitioner is 2/5
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 Chief Judicial Magistrate (FAC), Pudukkottai. (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 appear 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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 3/5
(vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 18/09/2024 / TRUE COPY / 18/09/2024 Sub-Assistant Registrar (CS-I ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. The Chief Judicial Magistrate (FAC), Pudukkottai.
2. The Officer in charge, District Prison, Pudukkottai.
3. The Inspector of Police, Vigilance and Anti Corruption Police Station, Pudukkottai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 cc to MR.G.MATHAVAN, Advocate SR No.11526 dated 20.09.2024
ORDER
IN CRL OP(MD) No.15593 of 2024 Date :18/09/2024 4/5
RK (18/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5