V.Eswaran vs State

M.Dhandapani, J

The petitioner, who was arrested and remanded to judicial custody on 30.01.2024 for the offences under Sections 409, 465, 466, 477(A), 468, 471, 472 and 109 of IPC and under Sections 13(2) r/w.13(1)(c), 13(1)(d)(i) r/w. 13(1)(a) of Prevention of Corruption Act, 1988 in Crime No.03 of 2022 on the file of the respondent Police, seeks bail.

The case of the prosecution is that in 2008, the lands belong to the Government comprised in Survey No.814, which was classified as Poramboke was allocated by the revenue officials in favour of the private individuals without following any procedure and the pattas were approved by the Government officials namely Ananthi/A7 and Jeyapritha/A8. Now the allegation against the petitioner is that with help of the Government officials, he obtained a patta on 07.08.2008 and the same was mutated in favour of the private individuals. The petitioner is one of the private individuals and he is one of the beneficiary of said pattas. Hence, the complaint. Thereby, the petitioner was arrested and remanded to judicial custody on 30.01.2024. Hence, the present petition has been filed seeking bail.

The learned senior counsel appearing for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that except this petitioner, all the co-accused were enlarged on bail. He is in custody for more than 22 days. This Court may grant interim bail, enabling the petitioner to cancel the documents, which was mutated by him, if it is not already cancelled.

The learned Additional Advocate General appearing for the respondent would submit that he has no objection to grant interim bail, if the petitioner is intended to cancel the said mutated revenue documents.

In view of the submissions made by the counsels on either side, this Court is inclined to grant Interim Bail to the petitioner. Accordingly, the petitioner is hereby directed to be released on Interim Bail for a period of seven days starting at 6.00 p.m. on 22.02.2024 till 5.00 p.m. on 01.03.2024 and the accused shall surrender before the respondent Police at 5.00 p.m. On 01.03.2024 and he shall be produced before the concerned trial Court by the respondent Police on the same day.

The petitioner shall cancel the revenue documents and other documents, which were mutated by him with help of revenue officials, if it is not already cancelled.

During the period the petitioner is on bail, he shall be escorted by a Police constable, the expenses towards the same to be borne by the petitioner.

List the matter for reporting compliance on 29.02.2024.