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2008 Supreme(Mad) 4458

K.RAVIRAJA PANDIAN, R.REGUPATHI, K.N.BASHA
S. Swaminathan – Appellant
Versus
State, represented by the Inspector of Police, Vigilance and Anti-Corruption Wing, Thanjavur – Respondent


Advocates Appeared:
For the Petitioner: V. Gopinathan, Sr.Counsel for M. Subash Babu, S. Ashok Kumar, Senior Counsel (MBHA), Mohideen Batch (Madurai Bar), V. Ramakrishnan, Party-in-Person,
A.S. Anbu - Salem Bar, T.S. Viswanathan (FDSCBA), S. Murali, G. Veerakumar (T & P), P. Paramasivam, Chairman (FDSCBA-T & P), Advocates. For the Respondent: Raja Ilango, Public Prosecutor.

Judgment :

K. Raviraja Pandian, J.

The petitioner, apprehending arrest for the offence punishable under Sections 120(B), 420, IPC read with Sections 7 & 13(2) and 13(10)(d) of the Prevention of Corruption Act, filed a petition in Crl.O.P. (MD)No.8180 of 2008 under Section 438 of the Code of Criminal Procedure (in short "the Code") seeking for a direction from this Court for releasing him on bail, in the event of his arrest. According to the petitioner, one Mr.Balu (defacto complainant) lodged a complaint with the respondent police on the allegation that the petitioner, being a Village Administrative Officer, received a sum of Rs.1000/- from him as bribe for giving birth certificate in the year 2006, but failed to give any birth certificate. In that petition, this Court on 10.09.2008 passed orders as follows:

"5.Considering the facts and circumstances of the case and considering the fact that the occurrence had taken place in the year 2006, I am of the view that the petitioner could be enlarged on anticipatory bail. Accordingly, the petitioner shall appear before the Investigating Officer within a period of two weeks from the date of receipt of a copy of this order and on his appea

















































































































































































































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