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2025 DAILYLAW 14922 (MAD)

SUMATHI v. STATE REPRESENTED BY,

CRL OP/1522/2025 · 2025-01-23

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.1522 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.01.2025 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.1522 of 2025 Sumathi ... Petitioner Vs. State, represented by Deputy Superintendent of Police Vigilance and Anti Corruption Wing Tiruvannamalai. (Crime No.1 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.1 of 2025 on the file of the respondent Police. For Petitioner : Mr.A.Natarajan (Senior Counsel) for Ms.A.Madhumathi For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R Petition seeking bail in respect of Crime No.1 of 2025 registered for the offences punishable under Sections 7 of Prevention of Corruption Act, 1988 is on board for consideration. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1522 of 2025 2.The incarceration of the petitioner being from 07.01.2025 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that substantial portion of investigation has been completed and the petitioner has also been suspended from service. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. 3.The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner, who was serving as the Deputy Tahsildar in Tiruvannamalai District, demanded and received a bribe of Rs.3,000/- from the de facto complainant in exchange for providing a new ration card . 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Tiruvannamalai, and on further conditions that: 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1522 of 2025 [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, everyday 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 269 of B.N.S. 23.01.2025 sai 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1522 of 2025 A.D.JAGADISH CHANDIRA, J. sai To 1.The Chief Judicial Magistrate, Tiruvannamalai 2.The Deputy Superintendent of Police Vigilance and Anti Corruption Wing Tiruvannamalai. 3.The Superintendent, Central Prison, Vellore 4.The Public Prosecutor, High Court of Madras. Crl.O.P.No.1522 of 2025 23.01.2025 4/4 https://www.mhc.tn.gov.in/judis