JUDGEMENT
K.BABU, J. -
(1.)The petitioner was the Sub Inspector of Police, Kaduthuruthy Police Station. He is seeking to quash the FIR registered as VC
No.7/2021/KTM by the Vigilance and Anti-Corruption Bureau (VACB),
Kottayam Unit alleging offence punishable under Sec. 7 of the
Prevention of Corruption Act, 1988 (for short 'the Act').
(2.)Facts:
2.1. While the petitioner was serving as Sub Inspector (Law and Order) at Kaduthuruthy Police Station, he was entrusted with the investigation in Crime No.281/2021 registered alleging offences punishable under Ss. 498A and 323 read with Sec. 34 of the Indian Penal Code against the defacto complainant in V.C No.7/2021 and three others. Sri.Anil Kumar was employed as an Assistant Sub Inspector of Police at the Kaduthuruthy Police Station. The defacto complainant and the other accused were granted anticipatory bail. Sri. Vijay.P.Victor, the brother of the defacto complainant, approached the petitioner and Sri. Anil Kumar, in connection with the crime registered against the defacto complainant and others.
2.2. The defacto complainant alleged that the petitioner and the other accused demanded bribe through Sri.Vijay.P.Victor. Later Sri. Anil Kumar received Rs.5,000.00 in March 2021 from the father of the defacto complainant and Rs.15,000.00 from his brother.
2.3. On 9/8/2021, the defacto complainant contacted Sri.Anil Kumar over phone and informed that the accused in the crime were granted anticipatory bail. Sri. Anil Kumar told him that out of Rs.20,000.00 given earlier, Rs.15,000.00 was given to the petitioner and that he required more money as bribe. The defacto complainant preferred a complaint before the VACB. The Deputy Superintendent of Police, VACB, Kottayam Unit laid a trap based on Ext.P1 FIS and Sri. Anil Kumar was arrested along with the bribe money on 12/8/2021. Sri.Anil Kumar and the petitioner have been arrayed as accused Nos.1 and 2 respectively in the crime.
(3.)Heard Sri. Anish Jose Antony, the learned counsel appearing for the petitioner, Smt. Rekha.S, the learned Senior
Public Prosecutor appearing for respondent No.1 and Sri.A
Rajesh, the learned Special Government Pleader (Vigilance)
appearing for respondent Nos.2 and 3.
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