J U D G M E N T

The Criminal appeal has been filed seeking to set aside the judgment dated 09.07.2010 made in Spl.CNo.9 of 2007 on the file of the Special Judge cum Chief Judicial Magistrate, Tuticorin and the criminal original petition has been filed to grant leave to continue the criminal appeal by impleading the LRs of the deceased Munisamy as petitioners in CrlA(MD)No.215 of 2011.

2.The case of the prosecution is that when the de facto complainant had approached the appellant seeking licence for starting finance company, the appellant demanded Rs.3,000/- and the de facto complainant since was not willing to pay the bribe amount, made a complaint and based on the complaint, a case was registered.

3.Based on the FIR, trap was planned by the Trap Laying Officer (herein after shall be referred to as 'TLO'). Two independent witnesses, namely one Bose and Koori (PW.4), who are known as shadow witnesses were summoned by the TLO and subsequently, PW.2, and the shadow witnesses were present at the Office of the Vigilance and Anti Corruption, Ramanathapuram on 05.09.2002 and the complainant was also present as directed by the TLO. The TLO explained about the complaint given by PW.2, to the