BAIL SLIP

The

Appellant/Accused

Namely,

A.Velmurugan,

S/o.Arumagapillai M/54 years was directed to be

released on bail by the order of this Court dated

23/04/2015 and made in Crl.MP.No.1 of 2015 in

Crl.A.No.242 of 2015 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Orders reserved on

05.04.2022

Orders pronounced on

06.05.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

Crl.A.No.242 of 2015

A.Velmurugan

... Appellant/Accused A1

Vs.

State, rep.by

The Deputy Superintendent of Police,

Prevention of Corruption and

Vigilance Section,

Cuddalore,

Crime No.1 of 2002. ... Respondent/Complainant

This Criminal Appeal is filed under Section 374(2)

of Criminal Procedure Code to call for the records in

Spl.Case No.13 of 2013, on the file of the Special

Judge for Vigilance and Anti corruption cases,

Villupuram, Villupuram District and set aside the

conviction and judgment dated 31.03.2015.

For Appellant

: Mr.S.Saravana Kumar

For Respondent

: Mr.E.Raj Thilak

Additional Public Prosecutor

J U D G M E N T

This Criminal Appeal is filed to call for the

records in Spl.Case No.13 of 2013, on the file of the

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Special Judge for Vigilance and Anti corruption cases,

Villupuram, Villupuram District and set aside the

conviction and judgment dated 31.03.2015.

2.The final report is filed against the appellant

A.Velmurugan and co-accused A.Perumal alleging that

appellant A.Velmurugan is the first accused in this

case and was working as Village Administrative Officer

in V.Puthur Village. The second accused was the

Village Assistant serving under the first accused and

both of them are public servants as defined under

Section 2 (c) of the Prevention of Corruption Act,

1988. On 28.12.2001, and on subsequent dates, lastly

on 02.01.2002, appellant demanded from the defacto

complainant Ramamurthy a sum of Rs.1,000/- as illegal

gratification other than the legal remuneration and

after negotiation, reduced the amount to Rs.600/- as a

motive or reward for furnishing the extracts of Chitta,

Adangal and Field map of defacto complainant's land,

for the purpose of getting bank loan for laying water

pipe line. Using his position as a public servant, he

demanded the aforesaid amount, accepted or obtained an

advance of Rs.100/-. In the course of the same

transaction, on the basis of the complaint by

Ramamurthy, a trap was arranged on 03.01.2002, at about

9.45 a.m., Ramamurthy accompanied by the official

witness Moorthy, called on the appellant in his office

room in V.Puthur. Second accused intentionally aided

appellant in reiterating the demand for illegal

gratification and then appellant accepted the balance

bribe amount of Rs.500/- from Ramamurthy and entrusted

the money to the second accused. Therefore, appellant

committed the offences punishable under sections 7 and

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

1988. The second accused committed offences under

Section 13(2) r/w 13(1)(d) of Prevention of Corruption

Act, 1988 and Section 109 IPC. Accordingly, charges

were framed against the accused. The accused denied

the charges and demanded trial.

3.Prosecution examined PW1 to PW14 witnesses,

produced Exs.P1 to P22 and MO1 to MO8 in support of its

case. Appellant has not produced any evidence.

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4.The case of the prosecution as seen from the

evidence of the prosecution witnesses, in brief, is as

follows:

PW2 and his brother own 4 acres of land in V.Puthur

village. Water has to be taken from S.No.26 to

S.No.26/AF. He arranged to get loan for laying

pipeline through Manampoondi agricultural office.

Agricultural officer informed him that Chitta and

adangal extracts are necessary for applying loan. He

gave a petition to the