P.Bose vs State

M.Dhandapani, J

The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 29.11.2023 for the offence under Section 7 of Prevention of Corruption Act, 1988, in Crime No.6 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner was working as 'Cashier' in the Myiladumparai Panchayat Union. The defacto complainant approached the petitioner for registering himself as contractor. For that, the petitioner demanded a sum of Rs.5,000/- as bribe from the defacto complainant. Hence, the case.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 29.11.2023. Hence, he prays for bail.

The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is not yet completed. Hence, he opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case and also considering the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, 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, each for a like sum to the satisfaction of the learned Judicial Magistrate/Special Judge for PC Act Cases, Theni District, 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 is directed to appear before the respondent police daily at 10.30 a.m., until further orders.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.