Thiru. L.Mahilan, the Regional Manager, TAFCORN Villupuram (Appellant in CA 625/16) and Thiru. S.Krishnamoorthy (Appellant in CA 634/16) the Forest Ranger, Panruti Range were charged and tried under prevention of corruption Act, 1988 for demand and receipt of Rs 15,000/- and Rs 10,000/- respectively, as illegal gratification from one R. Rajalingam on 2.3.2011 to refund his caution deposit of Rs. 52,800/- made by him while participating in the tender held on 10.05.2010.

2. The respondent registered the complaint dated 2.03.2011 given by R.Rajalingam alleging that he participated in the auction held on 10.05.2010 for removal of barren cashew trees in plot No. 75 and 79 within Panruti Forest Range and declared as the successful bidder. He paid the entire bid amount along with caution deposit of Rs. 52,800/- which is refundable after the completion of the contract. When he completed the contract as per schedule by July, 2010 and sought for the refund of the caution deposit, it was delayed. On 24.01.2011, when he went to the Panruti Forest Range office and sought for the refund of security deposit, Thiru.Krishnamoorthy (A-2) and one Manoharan who were present at the Panruti Forest Range office, told him to meet the Regional Manager at Villupuram.

3. Accordingly, on 28.01.2011 Rajalingam went to Villupuram and met Thiru. Mahilan, the Regional Manager (A-1) at his office and enquired about the refund of the security deposit he made, while participating in the tender on 10.05.2010 for plot No.75 and 79. To refund the deposited money Rs 52,800/- A-1 demanded illegal gratification of Rs 15,000/-. Rajalingam asked when should he bring the money, for that A-1 told him to come to Ulundurpet Forest Guest House on the next day (02.03.2011) and meet him at 1.00pm. When he came out from A-1 room, A-2 who was in A-1 room , came out along with him and demanded Rs. 10,000/- for him (A-2).

4. Based on the above said complaint, FIR was registered at 8.00 am and investigation was taken up. Two teachers from near by school were called upon to be witnesses for prosecution during the trap proceedings. The phenolphthalein test and entrustment mahazar were prepared in their presence and completed by 11.15 am. The defacto complainant (PW-2) along with the decoy witness Mr.Rajesh ( PW-3) in one jeep and the trap team led by the Inspector of Police K.Palani ( PW-12) in another jeep left Cuddalore at 12.30 hrs and reached Ulundurpet Forest Range office 13.50 hrs.

5. PW-2 went to the Guest House, but they could not meet A-1. So they went to the Forest Range office, were he met A-2, who instructed him to met A-1 at guest house. Again PW-2 went to Guest house, waited for A-1 outside the guest house for some time. Since he could not meet him, he called A-1 over cellphone and asked why he is delaying to refund the caution deposit. A-1 enquired him whether he has brought the bribe money of Rs 15,000/- and on confirming the same, told PW-2 to meet A-2 and give the money to him. Accordingly, PW-2 went to Forest Range Office and informed A-2 about what A-1 told him over phone. To confirm, A-2 asked PW-2 to wait for some time, and went to Guest House and came back and received Rs 15,000/- on behalf of A-1 and Rs 10,000/- for himself.

6. The trap team thereafter held A-2 and conducted phenolphthalein test on both his hands and confirmed positive. Rs. 15,000/- recovered from his pant pocket. Based on the information given by A-2 remaining Rs.10,000/- recovered from the Rexin bag kept by K.Manoharan (PW-9). The notes recovered from A-2 and from the Rexin bag of K.Manoharan were compared with the serial numbers mentioned in the entrustment mahazar Ex P-4 and found tally. Therefore the currencies were recovered and mahazar Ex P-9 prepared. A-2 was brought to the scene of trap and interrogated.

7. On completion of the investigation, sanction to prosecute the accused persons were obtained and final report laid before the special court for Prevention of corruption Act. Th