SEDAPATHI MUTHIAH Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE present action is one, resorted to by the petitioner under Section 438, Code of Criminal Procedure, seeking grant of anticipatory bail in connection with the case registered as Cr.No.C6/AC/96 Head Quarters, Madras on the file of Vigilance and Anti Corruption. Headquarters, Madras -6, for an alleged offence under Section 13(2) read with Section 13(1)(e) of Prevention of Corruption Act, 1988 (Act 49 of 1988) (for short P.C. Act 1988) said to have been committed by him while holding the office of a 'Public Servant' in the sense that he, or any other person on his behalf is in possession or has, at any time during the period of his office, been in possession, for which he cannot satisfactorily account, of pecuniary resources or property, disproportionate to his known sources of income.

(2.) THE accusations, which levelled against the petitioner in an F.I.R. lodged on 20.8.1996 by the Superintendent of Police, Western Range, Vigilance and Anti Corruption, Madras -6, culminated in the registration of a case, as stated above, run as under : -

(3.) ON the date of registration of the case, that is to say on 20.8.1996 itself, the Inspector of Police, Vigilance and Anti -Corruption, Madurai, filed a petition under Section 93 of the Code of Criminal Procedure, 1973, before the Principal Sessions and Special Judge, Madras, praying for the issuance of warrants for inspecting and searching the premises and seize the incriminating documents/other things found therein stating that he has reasonable belief that incriminating documents and other materials relating to the commission of an alleged offence under Section 13(2) read with Section 13(1)(e) of 'P.C. Act 1988', for which a case has been registered, such as registered documents relating to transactions in immovable properties, bank records, account books, diary entries, liquid cash and other papers and costly and luxurious items of movable properties, which have relevance to the case and required for the purpose of investigation, are kept by the accused in the premises, which are in his custody or in the custody of others.