AI Structured Summary
Not yet generated for this judgment
Judgment
C.V.Karthikeyan, J
The petitioner seeks bail in Crime No.8C/AC/2023, registered by the respondent police for the offences punishable under Section 7A of Prevention of Corruption Act, 1988. The petitioner had been remanded to judicial custody on 05.09.2023.
It is stated that the petitioner, is the husband of the Village Panchayat President.
The case of the defacto complainant was that for approval of planning permission for layout of plots, there was demand of bribe and amount was also handed over after negotiations, amounting to Rs.5,00,000/-.
Taking all these factors into consideration and the period of incarceration undergone by the petitioner and without entering into a discussion on the facts, I am inclined to grant bail to the petitioner herein subject to the following conditions:
Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Special Judge for trial of cases under Prevention of Corruption Act, Salem, 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 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.