The Kerala High Court granted regular bail to a Senior Civil Police Officer accused of accepting a bribe, while observing that the materials on record prima facie establish the offence under Section 7(a) of the Prevention of Corruption Act, 1988. The Court, however, noted that further custodial interrogation was not necessary, considering the petitioner’s first-time offender status and the advanced stage of investigation.
The case pertains to a police officer working at Ollur Police Station who allegedly demanded a bribe of ₹2,000 from the defacto complainant in exchange for providing certain documents related to a pending case. The complainant reported the matter to the Vigilance and Anti-Corruption Bureau (VACB), which, after pre-verification, found the complaint genuine. A trap was arranged, and the accused was apprehended red-handed while accepting the bribe. He was arrested on the spot and remained in custody since then.
The counsel for the petitioner contended that the petitioner is innocent and there is no credible evidence of demand and acceptance of the bribe. It was argued that the arrest was arbitrary, and that the petitioner had been in custody for a significant period. The petitioner also expressed willingness to fully cooperate with the ongoing investigation and abide by any conditions imposed by the Court.
The Public Prosecutor strongly opposed the bail application, contending that the accused was caught red-handed during trap proceedings while demanding and accepting illegal gratification. Although it was acknowledged that the petitioner had no criminal antecedents, the prosecution expressed apprehension that releasing him on bail could lead to witness intimidation or tampering with evidence.
After perusing the records and hearing both sides, the Court noted, “The prosecution case as to demand and acceptance of ₹2,000 as undue advantage and pecuniary gain by the petitioner could be gathered. Therefore, the offence alleged against the petitioner/accused is established, prima facie.”
The Court also took into account that the petitioner is a first-time offender, has been in custody since the date of arrest, and that the investigation has already progressed significantly. Accordingly, it held that continued custodial detention was not warranted.
Granting bail, the High Court imposed strict conditions to ensure the integrity of the investigation. The petitioner was directed to furnish a bond of ₹50,000 with two solvent sureties. Additional conditions included regular appearance before the Investigating Officer, non-interference with witnesses or evidence, and restrictions on travel without prior permission.
The Court cautioned that any violation of the bail conditions would lead to immediate cancellation of the relief granted.
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