Mohan v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

21.07.2026 for the alleged offence under Section 7 of Prevention of Corruption Act, 1988 in Crime No.6 of 2026 on the file of the respondent police, seeks bail.

¶2The allegation against the petitioner is that, while working as Panchayat Secretary at Thenmangalam Panchayat, he demanded and received Page2 of 5 Rs.4,000/- from the defacto complainant as an undue advantage for sanctioning the ICB works bill amount, which was subsequently recovered from him during the trap. Hence, the complaint.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been arrested and remanded to judicial custody since 21.07.2026 and that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner demanded and received Rs.4,000/- as an undue advantage from the defacto complainant, which was recovered from him during the trap. He further submitted that the petitioner has no previous case pending against him. Hence, he strongly opposed to grant of bail to the petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the submissions made by the learned counsel on either Page3 of 5 side and taking into the fact that the petitioner is a Public Servant and that there is no chance of absconding, considering the period of incarceration already undergone by the petitioner and that the petitioner has no previous criminal antecedents, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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 Court of District and Sessions Judge, Nagapattinam, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with Page4 of 5 law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20-08-2026 DRL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

1.The Court of District and Sessions Judge, Nagapattinam.

¶2The Inspector of Police Vigilance and Anti Corruption, Nagapattinam District.

3.The Superintendent, District Prison, Nagapattinam.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o22782oofo2026 N.RAMESH,oJ. DRL CRLoOPoNo.o22782oofo2026 20-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Mohan S/o.Thangaiyan, No.2/89/1, Main Road, Abarnatharipuduchery, Nagapattinam District, (All are confined in District Prison-Nagapattinam) ..Petitioner(s) Vs The State Rep by The Inspector of Police Vigilance and Anti Corruption, Nagapattinam District. Crime No.6 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.06 of 2026 pending on the file of the respondent For Petitioner(s): M/s. P.Muthamizhselvakumar For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)