R RAVI Vs. P RAJAGOPAL

JUDGEMENT

(1.) Since the issue involved in both the writ petitions is one and the same, they are disposed of by this common order.

(2.) The petitioner in W.P.No.28225 of 2008, viz., Ravi was working as Head Constable at Keevalur Police Station, Nagapattinam District and the petitioner in W.P.No.28227 of 2008, viz., Rajagopal was working as Sub-Inspector of Police in the same police station, Nagapattinam District from 02.03.2005 and on 08.03.2005 early morning, both the petitioners along with the Deputy Superintendent of Police and Inspector of Police, Nagapattinam Prohibition Enforcement Wing (PEW) conducted a raid near Velipalayam Anna Statue and intercepted a car bearing registration No. TN 51A 5737 carrying illicit liquor. The car was seized and the accused, viz., Prabakaran and two others were arrested and the driver of the car escaped from the scene of occurrence. The secured accused were brought to the police station and a case was registered in Crime No.386/2005 under section 4(1)(aaa) read with 4(1)(A) of the Tamil Nadu Prohibition Act and Sections 5 and 6 of the Tamil Nadu Rectified Spirit Rules.

(3.) In the said situation, a charge memo dated 20.01.2006 came to be served on the writ petitioners alleging that during the second week of May, 2005, both the petitioners had brought one Singaravelu from Nahoor to Prohibition Enforcement Wing, Nagapattinam, stating that the vehicle, which was involved in carrying the illicit liquor, was driven by the said Singaravelu and subsequently, the Head Constable Ravi had discussed with one Varadhan @ Varadarajan and demanded a sum of Rs.10,000/- for deleting Singaravelu from the criminal case and ultimately, when the said Varadarajan agreed to pay a sum of Rs.5,000/-, the petitioner Ravi received the illegal gratification of Rs.2,000/- and paid the same to Rajagopalan, the Sub Inspector of Police and thereafter, instead of Singaravelu, one Jothi Basu was made to surrender as an accused in the criminal case.