Viji V vs State Of Kerala

C. Jayachandran, J

This is an application for Regular Bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is the sole accused in Crime No.VC-05/2024/PTA of the Vigilance and Anti Corruption Bureau, Pathanamthitta.

The prosecution allegation is that the petitioner/accused, being the Assistant Engineer of the Vechoochira Grama Panchayath, demanded a sum of of Rs.1 lakh as bribe, for recording the measurements and preparing the bills of the de facto complainant, a contractor. After bargain, the bribe amount was fixed at Rs.50,000/-, of which Rs.13,000/- was paid by the de facto complainant to the accused on 05.08.2024. Thereafter, as informed by the de facto complainant, the Vigilance team laid a trap and the accused was caught red-handed on 07.08.2024, while receiving the remaining amount of Rs.37,000/-. The accused was arrested then and there and she was in custody since 07.08.2024.

Learned counsel for the petitioner would submit that, the petitioner is innocent and that there was no complaint, what so ever, against her in her career. As a matter of fact, an Assistant Engineer of Naranathukuzhy Panchayath was given additional charge of Vechoochira Grama Panchayath on the crucial day and it was not possible for the petitioner to seek or receive any bribe on the dates alleged by the prosecution. At any rate, it was submitted by the petitioner that she has been in the custody for the past twenty-three days, thus serving the purposes of interrogation. On such premise, the petitioner seeks herself to be enlarged on bail.

Per contra, the learned Public Prosecutor opposed this application pointing out that, the investigation is only at the threshold and the release of the petitioner on bail at this stage may provide room for influencing the witnesses and tampering with the evidence.

Having heard the learned counsel appearing for the the respective parties, this Court is inclined to allow the instant application. This Court notice that the petitioner has been in the custody for the past twenty-three days, thus serving the purpose of interrogation, adequately. The offence alleged is one under Section 7 of the Prevention of Corruption (Amendment) Act, 2018. Going by the prosecution version, the accused was caught red-handed by laying a trap, while receiving the bribe amount. The continued detention of the petitioner is not necessary. All the formalities in connection with the investigation still have been served by this time, inasmuch as the accused/petitioner is in custody from 07.08.2024.

In the circumstances, this bail application is allowed and there will be direction to enlarge the petitioner on bail, subject to the following conditions:

i. The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only), with two solvent sureties, each for the like sum, to the satisfaction of the Special Court.

ii. The petitioner shall not influence or intimidate the witnesses. Nor shall she tamper the evidence.

iii. The petitioner shall fully cooperate with the investigation.

iv. The petitioner shall appear before the investigating officer as and when required by the investigating officer in writing to do so.

v. The petitioner shall not leave the country, except with the permission of the Special Court.