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Judgment
13 paragraphs · 431 wordsS.Srimathy, J
The petitioner, who was arrested and remanded to judicial custody on 05.12.2025 for the offences punishable under Sections 7(a) Prevention of Corruption (Amendment) Act, 2018, in Crime No.14 of 2025 on the file of the respondent police. seeks bail.
The case of the prosecution is that the petitioner had demanded a sum of Rs.10,000/- as a bribe from the defacto complainant for transfer of patta. Hence, the complaint.
The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the Satisfaction Court as the learned Judicial Magistrate No.3, Dindigul instead of the Principal District Court, Dindigul. Hence, he prays to modify the satisfaction Court. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 05.12.2025. Hence, he seeks bail to the petitioner.
The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioner. However, he opposed for grant of bail to the petitioner.
Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioner, 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 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 No.3, Dindigul, 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 shall appear before the respondent police as and when required for interrogation.
[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 BNS.
