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Judgment
13 paragraphs · 497 wordsK.Rajasekar, J
The petitioner, who was arrested and remanded to judicial custody on 13.02.2026 for the offences punishable under Section 7(a) of the Prevention of Corruption Act in Crime No.01 of 2026 , registered on the file of the respondent police, seeks bail.
The allegation against the petitioner who is working as a Village Administrative officer demanded a sum of Rs.7,000/- as bride for the issuance of death certification claiming title to the forest land, . Hence, the defacto complainant has given a complaint to the Vigilance and Anti Corruption and thereafter a trap was organized and the petitioner was caught red handed and the result of the phenolphthalein test was also positive. Hence the case.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 13.02.2026 and he is also suspended from the service . He further submitted and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the petitioner had demanded bribe to discharge his official duty and major part of the investigation is completed.
Considering the submissions made on both sides, facts and circumstances of the case and the petitioner was suspended from the services and major part of the investigation is completed and taking note of the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Kallakurichi 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 report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the 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 B.N.S.
