Ganapathy v. The State Of Tamilnadu Rep.By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Ganapathy, S/o.Alagan, ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Vigilance and Anti-Corruption P.S.
Sivagangai district.
(Crime No.06 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.Aju Tagore Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.06 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/6
The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 08.08.2025 for the offences punishable under Section 7(a) and 12 of the Prevention of Corruption Act in Crime No.06 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto-complainant had constructed a house in the name of his wife and the said house was having EB connection under Tariff-V, hence, he wanted to convert it to Tariff 1-A and he had applied for the tariff change application on 05.08.2025 through online. On 06.08.2025, he met the petitioner, who was serving as the Assistant Engineer in the EB Office, this petitioner instructed the defacto-complainant that the foreman Palaniappan whould inspect the house and then he has to pay fees and charges amounting of Rs.1600/- through the online portal and further demanded Rs.1000/- as bribe money for this petitioner and and A2 foreman Palaniappan. The defacto-complainant unwilling to give bribe for doing the official work.
Hence, he lodged a complaint before the Vigilance and Anti-Corruption Unit, Sivagangai District. Based on his complaint, on 08.08.2025, a trap proceedings was initiated by the respondent police, the tainted bribe money was received by one Pandiyarajan who is arrayed as A3.
amount. The respondent caught the said Pandiyarajan red handed and arrested all the accused on the same day. Hence, the case.
3. The learned counsel for the petitioner would submit that this petitioner was falsely implicated in the said case, this petitioner has not demanded any amount from the defacto-complainant. The defacto-complainant lodged a false complaint against this petitioner. This petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 08.08.2025, nearly 21 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that this petitioner working as a Assistant Engineer in the EB Office. This petitioner demanded Rs.1000/- as bribe from the Defacto-complainant for changing the tariff for his newly constructed house. The Defacto-complainant lodged a complaint before the Vigilance and Anti-Corruption Unit, Sivagangai District based on his complaint, a trap proceedings was conducted on 08.08.2025, at the instigation of this petitioner, the A3 one Pandiyarajan, who is working as a contract basis labourer in the said office received the bribe money and he caught red handed by the respondent police and all the accused persons were arrested and remanded into 3/6
judicial custody on 08.08.2025. The tainted currency notes were recovered from the petitioner. It is the clear case of demand and acceptance of bribe money. There is no previous case against the petitioner. However, he objected to grant bail to the petitioner.
5.Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the entire property were recovered, there is no previous case against this petitioner, the petitioner/accused No.1 remanded into judicial custody on 08.08.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Principal District and Sessions Court, Sivagangai and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] The petitioner shall furnish his residential address and contact number to the learned Principal District and Sessions Court, Sivagangai. If the petitioner 4/6
changes his residential address, he shall report the same to the learned Principal District and Sessions Court, Sivagangai;
[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m., and 05.00p.m. until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 29/08/2025 / TRUE COPY / 29/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. The Principal District and Sessions Judge, Sivagangai.
2. The Superintendent, Central Prison, Madurai.
3. The Inspector of Police, Vigilance and Anti-Corruption P.S., Sivagangai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.AJUTAGORE, Advocate ( SR-9409[I] dated 29/08/2025 )
ORDER
IN CRL OP(MD) No.14290 of 2025 Date :29/08/2025 HPS/29.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6