S.S. Rajasekar vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 24.12.2025 for the alleged offence under Section 7 (a) of the Prevention of Corruption Act, 1988( as amended in 2018) in Crime No. 22/AC/2025 on the file of the respondent police, seeks bail.

The allegation against this petitioner who is aVillage Administrative Officer is that he has demanded a sum of Rs.2,000/- from the defacto complainant to discharge his official duty. Hence a trap was organized and the petitioner has got red handed and it was proved by the phenolphthalein test. Hence the complaint.

The learned counsel for the petitioner would submit that the petitioner is in custody from 24.12.2025 and he has been suspended from the services. He further submitted that the petitioner is ready to abide by any condition that may be imposed by this Court. Therefore, he prays for grant bail to the petitioner.

The learned Government Advocate (Crl.side) reiterated the prosecution case and submitted that major part of the investigation in this case is completed and the allegation against the petitioner was proved by the phenolphthalein test. Hence, he opposed to grant bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the submissions of the learned counsel on either side and the fact that the petitioner was arrested and he is in judicial custody from 24.12.2025 and he has been suspended from the services and major part of the investigation in this case is completed , this Court is inclined to grant bail to the petitioner on certain conditions.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Salem, 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.