P JAYARAMAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The de facto complainant is the owner of a Poultry Farm. He wanted to expand his poultry farm, for which, he had applied for a loan with the State Bank of India, Andipatti. For the purpose of obtaining the loan, the de facto complainant required No Objection Certificate from the Fire Service Department. Therefore, the de facto complainant submitted an application on 11.11.2011 to the District Fire Officer, namely, Jayaraman (A1).

(2.) It is the case of the de facto complainant that at the time of submission of the application, Jayaraman (A1) told him that a sum of Rs.25,000/- should be given as bribe. When the de facto complainant told him that he cannot pay such a huge amount, Jayaraman (A1) did not budge. Further, Jayaraman (A1) told the de facto complainant that one Jegadeesan (A2), Station Fire Officer, Andipatti would come to the place on 15.11.2011 for inspection and that he can deal with him. Jayaraman (A1) provided the mobile phone number of Jegadeesan (A2). The de facto complainant contacted Jegadeesan (A2) over phone and Jegadeesan (A2) said that he will come on 15.11.2011 for inspection. Accordingly, on 15.11.2011, Jegadeesan (A2) came for inspection. At that time, Jegadeesan (A2) told the defacto complainant that Jayaraman (A1) has fixed the bribe money at Rs.15,000/- for himself. Jegadeesan (A2) demanded Rs.5,000/- for himself. When the de facto complainant stated that he cannot give such a large amount, Jegadeesan (A2) told him that Jayaraman (A1) already reduced his share from Rs.25,000/- to Rs.15,000/- and there cannot be any further reduction. Saying so, Jegadeesan left. Since the de facto complainant did not want to pay bribe, he lodged a complaint to the Deputy Superintendent of Police, Vigilance and Anti- Corruption, Theni, based on which, a case in Crime No.4 of 2011 was registered on 16.11.2011 under Section 7 of the Prevention of Corruption Act, 1988, against Jayaraman (A1) and Jegadeesan (A2).

(3.) The Deputy Superintendent of Police, Theni, arranged a trap, for which, he called two Government Servants, by name, V.Nagarajan and T.Venkatesh Kumar to be trap witnesses. The defacto complainant and the trap witnesses were explained about the trap procedure. Phenolphthalein was smeared on Rs.20,000/- notes. A trap was laid in which Jegadeesan (A2) was caught. Thereafter, the trap party proceeded to the office of Jayaraman (A1) at Theni and in the presence of Jayaraman and Jegadeesan, prepared the Mahazer.