R. ELLAVARASON Vs. STATE REP

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 04.03.2020 for the offence punishable under Sections 120 (b) IPC read with 7, 7A, 8 and 12 of PC Act 1988 as amended in 2018 in Crime No.RC MA1 2020 A 0002, CBI ACB, Chennai on the file of the respondent police, seeks bail.

(2.) The respondent police had registered a case in Crime No.RC MA1 2020 A 0002, CBI ACB, Chennai on 04.03.2020 against A1/Ellavarason, the Superintending Engineer(SE)/Regional Office(RO), Ministry of Road Transport and Highways (Morth), RajajiBhavan, Besant Nagar, Chennai and A2/Murugaboopathi, the Divisional Engineer, Tamil Nadu Highways Department, Dindigul and A3/Vetrivel, Contractor, IVLR Concrete, Iravathanallur, Ramanathapuram Main Road, Madurai and A4/S. Ovu Reddy, JR Consultancy, AlagarKoil Road, K.Pudur, Madurai and others under Sections 120 B of IPC read with 7, 7A, 8 and 12 of PC Act , 1988 (as amended in 2018). The petitioners were arrested on 04.03.2020 and on 27.03.2020, this Court has granted interim bail to the petitioners/A1, A2 & A4 till 28.04.2020 and today this case came up for hearing. The respondent police CBI ACB, Chennai has filed detailed counter before this court.

(3.) The contention of A1/Ellavarason is that there is nothing to show that the petitioner had made any demand there is no demand and further no recovery was made from him and he is not the authority to award contract in favour of A3/Vetrivel and there are two superior officers in the form of Chief Engineer and Divisional Engineer who have to approve any work or as such the petitioner is not an independent authority as projected by the prosecution and would submit that he is a Superintending Engineer, Ministry of Road Transport, Highways and he has been discharging his duty without blemish for the past 30 years. He further submitted that he has been suffering from lung disease and he is under medical care and that the respondent police had already taken police custody of the petitioner for two days from 10.03.2020 to 12.03.2020. Thereafter, the petitioner moved an application for bail . Since, the entire trap proceedings had been completed and further incarceration of the petitioner was not required, the petitioner was granted interim bail. Hence, he prayed that the interim bail granted to the petitioner may be made absolute.