Jagadeshkumar vs Bakkiyaraj

C.Kumarappan, J

The petitioners, who were arrested and remanded to judicial custody on 13.03.2026 for the alleged offence under Section 7(a) of Prevention of Corruption Act, 1988 in Crime No.2/AC/2026 on the file of the respondent police, seek bail.

The case of the prosecution is that the petitioners have demanded bribe of Rs.14,000/- from the defacto complainant for transferring the patta in his name. Hence, the case.

The learned counsel for the petitioners would submit that the petitioner in Crl.O.P.No.8428 of 2026 is a Village Administrative Officer and the petitioner in Crl.O.P.No.8458 of 2026 is his relative. According to the prosecution, the allegation against them is that both of them collected Rs.14,000/- as bribe so as to transfer the patta of the defacto complainant and that the petitioners were remanded to judicial custody on 13.03.2026.

The learned Government Advocate would fairly submit that investigation has been completed.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

Taking into consideration of the totality of the circumstances and upon the fact that the investigation has been completed and upon the further fact that the petitioners have been under incarceration since 13.03.2026, this Court is inclined to enlarge the petitioners on bail with certain stringent conditions:

Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Salem, and subject to the following conditions:

[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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter, as and when required for investigation;

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

[d] the petitioners 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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.