C PERIYA KARUPPAN Vs. STATE

JUDGEMENT

(1.) These four appeals are against the judgment of Chief Judicial Magistrate, Nagapattinam in Special C.C. No.14 of 2006 dated 06.07.2011. The court below has held accused 1 to 4 guilty of offences under Section 7 and 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo one year R.I and fine of Rs.1,000/- each in default 3 months R.I for the offence under Section 7 of PC Act and sentenced to undergo one year R.I and fine of Rs.1,500/- each in default 6 months R.I for the offence under Section 13(1)(d) r/w 13(2) of PC Act,1988. The period of imprisonment for substantive sentence ordered to run concurrently. The period of remand already undergone was ordered to be set off.

(2.) Gist of the complaint:

(3.) On 17.01.2005, at about 11.00 am when PW-2 went to Judicial Magistrate Court, No 1 to attend a case, A-1 and A-2 came in civil dress and told him that his brother-in-law Manimaran is frequently visiting the prison and supplying cigarette, mosquito coils and eateries to the remand prisoner Bose, so for allowing these articles to the prisoner he has to give Rs.1,000/-. PW-2 agreed to give Rs.1,000/- and came out. Again on the same day evening at 5.45 pm PW-2 and PW-3 went to Sub-jail to see Bose (PW-6). When they came out from the prison, A-1 and A-2 followed them and told if bribe Rs.1,000/- is not given, they will transfer Bose to Trichy prison. PW-2 assured them that he will give the money through PW-3 and left the prison. Since PW-2 was not inclined to give bribe had approached Inspector of Police, DV & AC detachment at Nagapattinam Mr.M.Kuppusamy (PW-10) on 18.01.2005 and given a written complaint as stated above.