XAVIER HENDRY SILUVAI Vs. STATE, THOOTHUKUDI

JUDGEMENT

(1.) The Inspector of Police, Vigilance and Anti Corruption registered a suo motu First Information Report in Crime No.4 of 1999 against eight accused and after completing the investigation, filed a charge sheet in Special C.C.No.4 of 1999 before the learned Chief Judicial Magistrate cum Special Judge for Prevention of Corruption Act Cases, Tuticorin, for the offences under Sections 120-B, 409, 420, 467, 468, 471, 477-A IPC and Section 13(2) r/w Sections 13(1)(d) and 13(1)(c) of the Prevention of Corruption Act, 1988 and Section 109 IPC, against four accused, namely, Xavier Hendry Siluvai [A1], Raja Gopal (A2), Shree Krishnasamy (A3) and Lakshimipathy (A4).

(2.) The learned Special Judge took cognizance of the offences and issued summons to all the four accused. Xavier Hendry Siluvai [A-1] did not appear, since his whereabouts were not known. Therefore, Non-Bailable Warrant was issued against him and the police were not able to execute the same for a long time. Hence, in the year 2012, the case against Xavier Hendry Siluvai [A-1] was split up as C.C.No.14 of 2012 and the trial in respect of A2, A3 and A4 began in Special C.C.No.4 of 2007, in which, three witnesses have been examined and 355 documents have been marked. The police executed the Non- Bailable Warrant and arrested Xavier Hendry Siluvai [A-1] on 003.2017. Now, Xavier Hendry Siluvai [A-1] is before this Court for quashing the prosecution.

(3.) Heard Mr.S.Veeranasamy, learned counsel appearing for Xavier Hendry Siluvai and Mr.C.Mayil Vahana Rajendran, learned Additional Public Prosecutor appearing for the first respondent.