AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
14 paragraphs · 383 wordsK. Babu, J
This application is filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the 1st accused in V.C 05/2022/IDK of Vigilance & Anti-Corruption Bureau, Idukki, registered alleging offences punishable under Sections 7(a) and 7(b) of Prevention of Corruption Act 1988.
The prosecution allegation is that, the petitioner, a public servant, demanded and accepted bribe from the defacto complainant.
Based on the complaint filed by the defacto complainant, the Deputy Superintendent of Police, Vigilance & Anti-Corruption Bureau, laid a trap. The petitioner was arrested on 08.08.2022 at 03:00 p.m. after having found that he was in possession of the bribe money.
The case of the petitioner is that he is totally innocent of the allegations levelled against him. It is submitted that the petitioner was implicated only based on the complaint of the defacto complainant at the instance of some of the officers attached to the Adimaly Grama Panchayat.
The petitioner has been in judicial custody since 08.08.2022.
The learned counsel for the petitioner submitted that as the investigation is almost in the final stage, the further detention of the petitioner is not required.
The learned Senior Public Prosecutor opposed the bail plea of the petitioner contending that the co-accused is yet to be arrested and the investigation is only in a preliminary stage.
I have perused the materials placed before the court. The investigation is almost in the final stage. Having regard to the stage of investigation and the tenure of judicial custody undergone by the petitioner, I feel that the petitioner is entitled to be released on bail on conditions.
In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the special court concerned;
(ii) the petitioner shall appear before the Investigating Officer on every Saturday between 10 a.m. and 11 a.m., for a period of three months or until the final report is filed, whichever is earlier;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witnesses.