IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-02-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR M.Venkatesan S/o.Mannar, No.49, 13^th Cross Street, Bommivilas, Nolambur, Mogappair, Chennai - 600 037.

Petitioner(s)/Accused Vs

1. The State Rep by, The Inspector of Police, Vigilance and Anti Corruption, Kancheepuram, In Charge of Thiruvallur Detachment.

2.T.V.Umapathy S/o.Veerasamy, No.29/11, 3rd Street, Viswanathapuram, Kodambakkam, Chennai-600 024.

Respondents PRAYER: Criminal Original Petition filed under Sections 528 of BNSS, 2023 praying to quash the charge sheet in C.C.No.1 of 2022 on the file of Chief Judicial Magistrate cum Special Judge for PC Act Cases, Thiruvallur, arising from Crime No.03/AC/2021/Tvl, registered for offences under section 7 of the Prevention of Corruption Act, 1988 (as amended).

For Petitioner : Mr.V.Paarthiban for Mr.C.Kanagaraju For Respondent-1: Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

The petitioner/accused facing trial in C.C.No.25 of 2025 before the learned Principal District Judge, Tiruvallur filed this quash petition.

2.(i) The case against the petitioner is that the petitioner formerly employed as Record Clerk, in the office of Executive Officer, Thirumazhisai Town Panchayat, Tiruvallur from 01.03.2019 to 16.03.2021, a public servant. The second respondent/defacto complainant lodged a complaint alleging that the petitioner demanded Rs.10,000/- on 15.03.2021 in his office to issue Plot regularisation planning permission, from the Executive Officer, Thirumazhisai and also to give regularised planning permit and blue print received from CMDA Office, Chennai and instructed the defacto complainant to come and meet the petitioner on 17.03.2021 at about 1.00 p.m. along with bribe amount. The defacto complainant not willing to pay the bribe amount, preferred a complaint to the respondent on 17.03.2021 at about 8.00 hours.

(ii) The Trap Laying Officer (TLO) arranged for Government witnesses for the trap, thereafter pre-trap proceedings conducted and explained to the defacto complainant and to the Government witnesses. On completion of pre- trap proceedings, the trap team along with defacto complainant and accompanying witnesses and defacto complainant’s friend Narayanasamy all reached the petitioner’s office at about noon. Thereafter the defacto complainant along with his friend and accompanying witnesses entered the office of the petitioner and on seeing the defacto complainant the petitioner again demanded and confirmed whether he brought the bribe amount. The defacto complainant took the tainted money of Rs.10,000/- from his shirt pocket and handed over to the petitioner. The petitioner received the same in his right hand kept the amount in the almirah to his left side. Thereafter, on getting pre-arranged signal, the trap team entered the office, defacto complainant identified the petitioner and on enquiry accompanying witnesses confirmed the demand and acceptance of bribe money. Thereafter, TLO enquired the petitioner for the trap money. The petitioner took the trap money from the almirah and handed over the same to the witnesses. Phenolphthalein test conducted and hand wash turned pink. Thereafter, trap proceedings recorded in the recovery mahazar. Phenolphthalein test confirmed the petitioner receiving bribe amount. On collection of connected files and documents, recording statement of witnesses and on getting forensic report and after completion of investigation, sanction order obtained. Now charge sheet filed in this case listing witnesses LW1 to LW15 and documents LD1 to LD28. The trial Court finding prima-facie materials against the petitioner, took the case on file and issued summons to the petitioner.

3.The learned counsel for the petitioner submitted that in this case, the defacto complainant authorised his friend Narayanasamy to follow up with the Town Panchayat to collect the planning permit and necessary orders, since defacto complainant was required to travel abroa