Shankar vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 10.02.2026 for the alleged offence punishable under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018, in Crime No.2/AC/2026, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner/accused who is working as a Revenue Assistant in Namakkal Municipal Corporation, has demanded bribe a sum of Rs.20,000/- from the de-facto complainant for transferring the property tax in the name of his son for six houses which was allotted to him in the family partition and had accepted the same from the de-facto complainant and that the said amount received by the petitioner/accused was recovered from the de-facto complainant during the trap proceedings. Hence, the complaint was lodged and the petitioner was arrested and is in judicial custody.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner has been in incarceration since 10.02.2026 and has been suspended from service. He also submitted that the petitioner is ready to co-opearte with the investigation. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner has been in incarceration from 10.02.2026 and that the investigation is still pending. He further submitted that the petitioner is not presently serving in the concerned Department. Hence, he opposed to grant bail to the petitioner.

5.Heard both sides and perused the materials available on record.

6.Considering the submissions made by the learned counsel on either side, the nature of the allegations, the period of his incarceration, the fact that the petitioner is not serving in the concerned Department, and though investigation is pending, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Namakkal, 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.