Special Tahsildar accused of demanding one percent of railway land compensation from a defacto complainant sought bail under Section 7(a) PC Act. Investigation was complete with no prior cases; the court granted bail on a bond of Rs.10,000 with two sureties and daily reporting conditions.
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Crl.O.P.No.21641 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL
Crl.O.P.No.21641 of 2024
Mathivanan ...Petitioner/Accused
Vs.
The State rep by Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Ranipet. (Crime No.4 of 2024)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.4 of 2024 on the file of respondent police.
For Petitioner : Mr.R.Thamarai Selvan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
O R D E R
Crl.O.P.No.21641 of 2024
The petitioner, who was arrested and remanded to judicial custody on 31.07.2024 for the offence under Section 7(a) of the Prevention of Corruption Act, 1988, in Crime No.4 of 2024, on the file of the respondent police, seeks bail.
was acquired in the year 2018 for the construction of the Tindivanam Nagari Broad Gauge Railway Line. After receiving the information that the nearby landowners had received compensation, the defacto complainant and his son went to the Ranipet Collector Office, with the original Will and other documents. The petitioner/Special Tahsildar, received all the documents and original Will from the defacto complainant and was told that the defacto complainant would get Rs.6,27,080/- as compensation. He further demanded that one percent of the compensation amount should be given for office expenses and Rs.4,000/- should be paid to him after the compensation amount has been credited to the account of defacto complainant. The petitioner/accused/Special Tahsildar, further threatened the defacto complainant that he would return the original Will and other original
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documents only after he got the money. Hence the case.
Crl.O.P.No.21641 of 2024
his 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 Chief Judicial Magistrate, Ranipet , and on further conditions that:
[a] the petitioner shall report before the learned Chief Judicial Magistrate, Ranipet on every working day at 10.30 a.m. until further orders;
[b] the petitioner shall attend in accordance with the conditions of the bond;
[c] the petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person
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acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[e] the petitioner shall not abscond either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]; and
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
04.09.2024
dk
To
1.The Chief Judicial Magistrate, Ranipet
2.The Superintendent of Prison
5/7
Crl.O.P.No.21641 of 2024
Central Prison Vellore.
P.DHANABAL, J . dk
Crl.O.P.No.21641 of 2024
Crl.O.P.No.21641 of 2024
04.09.2024
1 issue framed by the court
Whether a Special Tahsildar arrested for demanding bribe for land compensation should be released on bail after completion of investigation.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaApplied
(2005)AIR SCW 5560 · Who else cites this
3 provisions across 3 enactments
Mathivanan
The State rep by Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Ranipet
P. Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
