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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 28.02.2023

Pronounced on : 06.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

Crl.A(MD)No.363 of 2019

Dr.K.Senthilvel Murugan : Appellant/Accused

Vs.

The State rep. by

The Deputy Superintendent of Police,

Vigilance and Anti-Corruption,

Chennai City-IV Detachment,

Chennai-35.

Crime No.24/AC/2009 : Respondent/Complainant

Prayer: Criminal Appeal filed under section 374 of

the Criminal Procedure Code, against the sentence and

conviction passed by the Special Judge-cum-Chief Judicial

Magistrate, Nagercoil, in Special Case No.3 of 2012, dated

03/08/2019.

For Appellant

: Mr.T.Lajapathi Roy

Senior Counsel

for Mr.S.Rajasekar

For Respondent : Mr.A.Thiruvadikumar

Additional Public Prosecutor

https://www.mhc.tn.gov.in/judis

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J U D G M E N T

This criminal appeal has been preferred to set

aside the judgment of conviction and sentence passed by the

Special Judge-cum-Chief Judicial Magistrate, Nagercoil, in

Special Case No.3 of 2012, dated 03/08/2019.

2.The case of the prosecution in brief:-

The Deputy Superintendent of Police, Vigilance and

Anti-Corruption Unit, Chennai, received a secrete

information that certain persons had collected bribe amount

from the aspirants for the post of Lab Assistant and

Supervisor in Health Department and they were bringing the

same in Kanyakumari Express to hand it over to one

Dr.Subburam, who is holding the key post in the Department.

He proceeded to the Railway Station along with the

witnesses, interrogated the accused, his subordinate

Balamurugan and one Raveendran, a close friend of

Dr.Subburam, seized Rs.7,50,000/- from the accused,

Rs.46,300/- from Balamurugan and Rs.5,00,000/- from

Raveendran. Upon which, FIR in Crime No.24 of 2009 was

registered under sections 120(B) IPC and sections 7, 8, 12,

13(2) r/w 13(1)(d) of the Prevention of Corruption Act,

1988, at the Vigilance and Anti-Corruption, Chennai Unit-I.

After completing the process of investigation, filed

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final report before the trial court and it was taken

cognizance in CC No.3 of 2012.

3.On receipt of the summons, the accused appeared

before the trial court and copies of documents and

statement of witnesses were furnished under section 207

Cr.P.C. The accused pleaded not guilty and claimed to be

tried. During trial, on the side of the prosecution, 22

witnesses were examined and 29 documents marked, apart from

7 material objects marked. On the side of the accused, no

oral or documentary evidence was adduced.

4.The case of the prosecution as narrated through

evidences:-

PW2-Balamurugan was working as Data Entry Operator

in District Tuberculosis Centre at Nagercoil. At that time,

the accused was working as Deputy Director of Medical

Services (TB). PW2 used to do the private works of the

accused also. During that period, applications were called

for the post of Lab Technicians and Senior Tuberculosis Lab

Supervisors and the interviews were scheduled to be held

between 14/09/2009 and 18/09/2009 at Chennai. One Sudalai,

who was examined as PW3 approached him for the post. The

accused demanded Rs.1,65,000/- as bribe amount from various

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persons. So, PW2 introduced PW3 to the accused. At that

time, he demanded Rs.1,65,000/-. The accused directed PW3

to hand over the money to him. He followed the instructions

given by the accused. After arranging money, PW3 informed

him to come and collect the money. He also collected

Rs.1,65,000/- from PW3. It was in-turn handed over to the

accused. At his instruction, he booked three train tickets

for travelling to Chenna