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2025 Supreme(Mad) 3371

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
State Rep. by Special Public Prosecutor – Appellant
Versus
V. Samuel Jebaraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C. Muthu Saravanan
For the Respondent: R. Murugan

JUDGMENT :

1. This appeal has been filed by CBI challenging the acquittal judgment passed in C.C. No.04 of 2011 on the file of learned II Additional District Judge for CBI Cases, Madurai.

2. Brief facts of the case:

The first respondent was working as a Senior Manager, Canara Bank, Nazareth Branch, Toothukudi District and the second respondent was working as a part-time employee in the said branch. P.W.2 was living within the jurisdiction of the said bank. P.W.3 is his daughter. P.W.3 submitted an Educational loan application in the said bank for pursuing nursing Course. The loan of Rs.2,50,000/- was sanctioned on 29.10.2010. At that time, the second respondent visited the house of P.W.2 and demanded a sum of Rs.12,000/- as bribe to give the cheque for the said loan amount. He demanded the said amount on behalf of A1 also. P.W.2 made a complaint to P.W.16 and after receiving the complaint, P.W.16 registered the case and trap was arranged. P.W.4 and P.W.5 official witnesses from other departments were called to act as independent official witnesses, namely as shadow witnesses. In the presence of P.W.4 and P.W.5, the the phenolphthalein test was demonstrated to P.W.2 and P.W.3. P.W.2 wa

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