PORCHEZHIAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE, VIGILANCE AND ANTICORRUPTION WING, TIRUNELVELI

JUDGEMENT

(1.) The Criminal Original Petition in Crl.O.P(MD)No.22905 of 2015 has been filed under Section 482 of Cr.P.C., praying to quash the proceedings in Crime No.1 of 2015, on the file of the Inspector of Police, Vigilance and Anticorruption Wing, Tirunelveli, Tirunelveli District and the Crl.O.P(MD)No.23799 of 2016 has been to quash the proceedings in Spl.Case No.4 of 2016, on the file of the Special Court for Trial Case Under Prevention of Corruption Act, Tirunelveli, as illegal and violation of law.

(2.) The petitioner herein is the sole accused in Crime No.1 of 2015, registered on 11.05.2015 at 13.00 Hrs., by the first respondent herein / the Inspector of Police, Vigilance and Anticorruption Wing, Tirunelveli, on the basis of the written complaint, dated 09.05.2015, given by the 2nd respondent herein, after conducting the preliminary enquiry regarding the genuineness of the said complaint by recording the conversion demanding bribe from the 2nd respondent in a voice recorder with the assistance of the Head Constable No.1247, for the offence under Section 7 of Prevention of Corruption Act, 1988. The petitioner, at the first instance, has filed a Petition in Crl.O.P(MD)No.22905 of 2015, to quash the proceedings in Crime No.l of 2015, on the file of the Inspector of Police, Vigilance and Anticorruption Wing, Tirunelveli, Tirunelveli District.

(3.) The case of the prosecution is that the 2nd respondent met the petitioner on 08.05.2015, at the office of the Assistant Executive Engineer, P.W.D, Chittar Basin Sub Division, Tenkasi, Tirunelveli District, while the patentor was working as Junior Engineer in the Public Works Department, Water Resources Organization, Chittar Basin Division, Kadayanallur, Tirunelveli District in connection with to forward his recommendation / report so as to issuance of 'No Objection Certificate' to construct a culvert across the P.W.D Irrigation Water canal leading to 'Kulasekhara Mangalam Kulam' between Senthamaram Village and Veerasigamani Village on Mangammal Salai, which was called by the Village people customary and traditionally. The accused had demanded a sum of Rs.1,50,000/-, as bribe, for inspecting the spot and issuing recommendation / report and issuance of 'NOC' for the about said work. On negotiation, the accused had reduced the bribe amount to Rs.1,40,000/- and also agreed to receive Rs. 50,000/-, as first instalment and the balance in second instalment. On 11.05.2015 at 17.15 Hrs, the defacto complainant / 2nd respondent herein met the accused / petitioner at the office of the Assistance Executive Engineer, PWD, Chittar Basin Sub Division, Tenkasi, Tirunelveli and asked about the recommendation / report and issuance of NOC for the said work and for which the accused / petitioner again has reiterated his earlier demand of bribe amount of Rs.50,000/- and accepted the same as first instalments from defacto complainant as illegal gratification other than the legal remuneration in doing the official act, punishable under Section 7 of Prevention of Corruption Act, 1988 and kept the tainted bribe amount of Rs.50,000/- in his pant pocket and was recovered in the presence of official witnesses and thereby, the petitioner / accused by corrupt and illegal means and by abusing his official position as public servant committed an offence of criminal misconduct punishable under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act.