K MUNIRATHINAM Vs. STATE
LAWS(MAD)-2018-2-267
HIGH COURT OF MADRAS
Decided on February 22,2018

K Munirathinam Appellant
VERSUS
STATE Respondents

JUDGEMENT

G Jayachandran, J. - (1.)The appellants herein are the accused in C.C.No.32 of 2005 on the file of Additional Special Judge for CBI cases at Chennai. The trial Court has found A-1[K.Munirathinam] guilty of offences under Sections 120 B IPC r/w 7 and 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced him to undergo imprisonment for a period of 2 years and imposed fine of Rs 30,000/- in default to undergo imprisonment for a period of 6 months and found A-2[A.Sekar] guilty of offences under Sections 120B IPC r/w Section 7 of Prevention of Corruption Act, 1988 and sentenced to undergo imprisonment for a period of one year and imposed fine of Rs.20,000/- in default, to undergo imprisonment for a period of 6 months.
(2.)Brief facts leading to the appeal:
Thiru.K.Munirathinam (A-1) the appellant in Crl.A.No.153 of 2009 was working as Sub-Divisional Officer (Telegraphs), BSNL, Thiruvannamalai during the period between 28/10/1998 and 15/07/2003. Thiru.A.Sekar(A-2) was working as Telephone Supervisor, BSNL, Tiruvannamalai from December 1999 till 15/07/2003. On 26.06.2003 when A-1[Thiru.K.Munirathinam] was at his office, he demanded Rs.1,000/- from one N.Dhamodaran as reward or motive for issuing demand note for providing STD booth to him at Kannapandal Village, Thiruvannamalai.

(3.)Thiru.N.Dhamodaran was not willing to pay bribe to STD booth, so contacted CBI office at Chennai over phone. As per the instruction, he got from the CBI office, Thiru.N.Dhamodaran met Thiru.Balasubramaniam[PW-7], Inspector of CBI on 27/06/2003 at Thiruvannamalai Railway Station retiring room. As per instruction of Thiru.Balasubramaniam, trap was laid. Thiru.Dhamodaran[PW-4] went to the SDO office along with the decoy witness Mr.R.Krishnamoorthy[PW-3]. He met A-1[Thiru.K.Munirathinam] at 9.25 am. When A-1 [Thiru.K.Munirathinam] demanded Rs.1,000/-, Thiru.N.Dhamodaran gave the tainted money to him. After accepting the money, A-1[Thiru.K.Munirathinam] returned back to Thiru.N.Dhamodaran with an advise to hand over the bribe money to A-2[Thiru.A.Sekar], who in pursuance to the criminal conspiracy demanded and accepted the bribe money of Rs.1,000/- from Thiru.N.Dhamodaran and kept it in his pocket.


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