M.Gangatharan vs State Rep By Its, The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 12.08.2026 for the alleged offence under Sections 7(a) and 12 r/w 7(a) of the Prevention of Corruption (Amendment) Act, 2018 in Crime No.08/AC/2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, who is working as a Sub Inspector of Police, Nallur Police Station, Namakkal District has demanded a bribe of Rs.30,000/- from the defacto complainant for not to take any legal action against the defacto complainant. Thereafter, a complaint was lodged against the petitioner and subsequently a trap was laid and the petitioner was caught red handed and the bribe amount was recovered from the petitioner. Hence, the respondent police registered a case against the petitioner.

The learned counsel for the petitioner submitted that the petitioner has been in judicial custody since 12.08.2026. He further submitted that the petitioner is innocent and no way connected with the offence and that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner was caught red handed while receiving the bribe amount and the same was recovered from the petitioner. Hence, he strongly oppose for the grant of bail to the petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

Considering the submissions of the learned counsel on both sides, the fact that the petitioner is a public servant who will be available for investigation and trial, and taking into consideration the period of incarceration and the nature of the allegations, this Court is inclined to grant bail to the petitioner subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his 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 the learned Principal & Sessions Judge, Salem, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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

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

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.