K.Gavaskar vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 14.02.2023 for the alleged offences punishable under Section 7(a) of Prevention of Corruption Act 1988 (Amendment Act 2018) in Crime No.1/AC/2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that A1 and A2 who are working as Deputy Tahsildar and Tahsildar at Hosur Tahsildar Office respectively, have demanded a sum of Rs.42,000/- as bribe from the defaco complainant for preparing and processing the file for issuance of building license belongs to the defacto complainant. Thereafter, the above said accused have directed the defacto complainant to hand over the bribe through A3, who is the Office Assistant at Hosur Tahsildar Office. Hence the case.

The learned Counsel for the petitioner submitted that the petitioner is an innocent person and even though, the name of the petitioner does not find place in the first information report, he has been falsely implicated in this case. He would further submit that the informant is not the owner of the building and there is no necessity for him to apply the building license. He would also submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

Learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner along with other accused have demanded a sum of Rs.42,000/- as bribe from the defaco complainant for preparing and processing the file for issuance of building license belongs to the defacto complainant. He further submitted that the investigation has almost been completed. However, he vehemently opposed to grant bail to the petitioner.

5.In reply, the learned counsel for the petitioner would submit that without prejudice, the petitioner is ready and willing to deposit a sum of Rs.25,000/- as non refundable deposit to any welfare scheme of the Government and hence, he prays for grant of anticipatory bail to the petitioner.

6.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the materials available on record.

7.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also of the fact that the investigation has almost been completed and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of The Registered Advocate Clerk's Association, Krishnagiri, and on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one should be the blood surety), each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Special Court, Krishnagiri 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 report before the respondent Police on every Saturday at 10.30 a.m., for a period of two months;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.