K.V. Samiyappan, vs State Rep. By Deputy on 17 July, 2026

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    ADVERTISEMENT

    Madras High Court

    K.V. Samiyappan, vs State Rep. By Deputy on 17 July, 2026

    Author: G.K.Ilanthiraiyan

    Bench: G.K.Ilanthiraiyan

                                                                        Crl.A.Nos.278 and 275 of 2016
    
                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                                 Delivered On: 17.07.2026
    
                                                 Reserved On: 10.07.2026
    
                                                         CORAM
    
                                      THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
    
                                              Crl.A.Nos.278 and 275 of 2016
    
                         1.K.V.Samiyappan (Died)
                         S/o.Veerappa Gounder
                         Formerly Block Development Officer,
                         Panchayat Union Office,
                         Elachipalyam,
                         Tiruchengode Taluk,
                         Namakkal District.
    
                         2.S.Rajam
                         W/o.K.V.Samiyappan,
                         No.68V/B, Ashok Nagar 2nd Street,
                         Arthanari School Street, Santhapettai Pudur,
                         Namakkal District – 637 001.
    
                         (2nd appellant substituted as LR of the
                         deceased sole appellant vide order of the
                         Court dated 17.07.2025 in Crl.A.
                         No.278 of 2016 by DBCJ)        ... Appellant in Crl.A.No.278 of 2016
    
    
                         1.T.Paramasivam
                         S/o.Thiruvenkata Naidu
                         Former Fitter,
                         Elachipalayam Panchayat,
                         Manickampalayam, Pullakoundampatti P.O.
                         Tiruchengode Taluk,
                         Namakkal District.
    
                         2.Senthilkumari
                         W/o.Paramasivam
    
                         1/20
    
    
    
    
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                                                                           Crl.A.Nos.278 and 275 of 2016
    
    
    
                         3.Sarojini
                         D/o.Paramasivam
    
                         4.Paramasivam
                         S/o.Paramasivam
    
                         (All are residing at Elaichipalayam Panchayat
                         Manickampalayam, Pullakoundampatti P.O.
                         Tiruchengodu Taluk, Namakkal District)
    
                         (Sole Appellant died. Appellants 2 to 4
                         substituted as Lrs of the deceased sole
                         appellant as per the order of this Court
                         dated 18/06/2025 in Crl.MP.12096/2025
                         in Crl.A.275/2016)            ... Appellants in Crl.A.No.275 of 2016
    
                                                                Vs.
    
                         State rep by
                         Deputy Superintend of Police,
                         Vigilance & Anti-Corruption,
                         Salem
                         (Cr.No.9/AC/99)              ... Respondent in Crl.A.No.278 of 2016
    
                         State represented by its
                         Inspector of Police,
                         Vigilance and Anti Corruption,
                         Salem @ Namakkal
                         (Cr.No.9/AC/1999)           ... Respondent in Crl.A.No.275 of 2016
    
    
                         Prayer in Crl.A.No.278 of 2016:
                                      Appeal filed under Section 374 of Cr.P.C. against the judgment
    
                         of The Learned Chief Judicial Magistrate/ Special Judge Namakkal
    
                         made in Spl. Calendar Case No.12 of 2002 dated 29.03.2016
    
                         convicting the appellant herein for the offence under Section 7 of
    
    
                         2/20
    
    
    
    
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                                                                             Crl.A.Nos.278 and 275 of 2016
    
                         Prevention of Corruption Act and sentenced to undergo Rigorous
    
                         Imprisonment for 3 years and to pay a fine of Rs.25,000/- in default to
    
                         undergo two months Simple Imprisonment.
    
                         (Case number amended as per the order of this Court dated
    
                         28.04.2016 Made in Crl.M.P.No.5274 of 2016 in Crl.A.No.278 of 2016
    
                         by Dr.PDSJ).
    
    
    
                         Prayer in Crl.A.No.275 of 2016:
                                      Appeal filed under Section 374(2) of Cr.P.C. seeking to set aside
    
                         the judgment and sentence and conviction imposed upon the appellant
    
                         herein by the Learned Chief Judicial Magistrate/ Special Judge,
    
                         Namakkal in Spl.C.C. No.12 of 2002 dated 29.03.2016 and acquit the
    
                         appellant herein.
    
    
                                           For Appellants   : Mr.S.Ashok Kumar
                                                              Senior Counsel
                                                              for M/s.C.D.Johnson
                                                              in Crl.A.No.278 of 2016
    
                                                              Mr.R.Karthikeyan
                                                              in Crl.A.No.275 of 2016
    
                                           For Respondent : Mr.R.Ganesh Kumar
                                                             Counsel for Government of Tamil Nadu
                                                             (Criminal Side)
                                                             High Court of Madras
                                                             in both Crl.As.
    
    
    
    
                         3/20
    
    
    
    
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                                                                         Crl.A.Nos.278 and 275 of 2016
    
    
    
                                               COMMON          JUDGMENT
    
    
    

    Both the appeals have been filed as against the judgment

    passed in Spl.C.C.No.12 of 2002 on the file of learned Chief Judicial

    SPONSORED

    Magistrate/ Special Judge, Namakkal, thereby convicting the accused

    for the offences punishable under Sections 7 and 13(2) r/w 13(1)(d) of

    the Prevention of Corruption Act.

    2.The appellant in Crl.A.No.278 of 2016 is arrayed as second

    accused (A2) and the appellant in Crl.A.No.275 of 2016 is arrayed as

    first accused (A1) in Spl.C.C.No.12 of 2002. Pending appeal both the

    accused/ appellants died. Though the charges against the accused

    were abated, the legal heirs of the deceased appellants were

    impleaded as appellants for the purpose of getting other terminal

    benefits, if the accused are acquitted from the charges.

    3.The case of the prosecution is that the defacto complainant

    has an agricultural land and he dug up a borewell since there was

    water scarcity. He already possessed electricity service connection for

    his well. Inorder to change over the electricity service connection from

    the well to the borewell, the defacto complainant have to produce no

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    Crl.A.Nos.278 and 275 of 2016

    objection certificate from the Block Development Officer inorder to

    verify if any other borewell is situated within the 100 meters radius of

    the defacto complainant borewell. Therefore, the defacto complainant

    approached A1 and applied for no objection certificate. Immediately,

    A1 inspected the defacto complainant’s land and the borewell dug by

    the defacto complainant and demanded a sum of Rs.600/- as bribe for

    no objection certificate and such amount has to be paid to A2.

    However, the defacto complainant expressed his inability to pay such

    amount and as such A1 reduced the amount from Rs.600/- to

    Rs.550/-. Thereafter, the defacto complainant lodged the complaint

    and after registration of FIR, the respondent has set up the trap.

    During the trap, the accused were caught red handed and they were

    arrested and remanded to judicial custody. After completion of

    investigation, final report was filed and the same was taken

    cognizance by the trial Court.

    4.The prosecution in order to substantiate their case

    examined witnesses P.W.1 to P.W.18 and marked exhibits Ex.P.1 to

    Ex.P.34. On the side of the accused, they examined witnesses D.W.1

    and D.W.2 and marked exhibits Ex.D1 and Ex.D2. Material objects

    M.O.1 to M.O.9 were also marked.

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    5.Upon consideration of the oral and documentary evidence,

    the Trial Court found, A1/ appellant in Crl.A.No.275 of 2016 guilty for

    the offence under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention

    of Corruption Act and A2/ appellant in Crl.A.No.278 of 2016 guilty for

    the offence under Section 7 of the Prevention of Corruption Act.

    6.The Trial Court sentenced the first accused/ appellant in

    Crl.A.No.275 of 2016 to undergo rigorous imprisonment for a period of

    three years and to pay a fine of Rs.25,000/- in default to undergo two

    months simple imprisonment for the offence under Section 7 of the

    Prevention of Corruption Act; to undergo rigorous imprisonment for a

    period of five years and to pay a fine of Rs.25,000/- in default to

    undergo two months simple imprisonment for the offence under

    Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. The

    sentences were ordered to run concurrently. The total fine amount

    imposed on A1 is Rs.50,000/-.

    7.The Trial Court sentenced the second accused/ appellant in

    Crl.A.No.278 of 2016 to undergo rigorous imprisonment for a period of

    three years and to pay a fine of Rs.25,000/- in default to undergo two

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    months simple imprisonment for the offence under Section 7 of the

    Prevention of Corruption Act.

    8.Being aggrieved by the said conviction and sentence, the

    accused/ deceased appellants have filed these criminal appeals before

    this Court.

    9.The learned Senior Counsel appearing for the appellant in

    Crl.A.No.278 of 2016/ A2 submitted that even according to the case of

    the prosecution, A1 only demanded bribe from the defacto

    complainant. In the absence of any such demand no offence is made

    out under Section 7 of the Prevention of Corruption Act. P.W.3

    deposed that A2 did not receive any money and also he did not

    demand any money. Further P.W.4’s presence was not even

    whispered by P.Ws.2 and 3. Further, no money was recovered from

    A2. In the name of A2, A1 demanded bribe from the defacto

    complainant. Infact, on the date of inspection itself, no objection

    certificate was signed by A2 and it was also entered into the office

    register. There is absolutely no evidence to show that on behalf of A2,

    A1 received money. There is proper explanation that the sum of

    Rs.550/- was collected only as Flag Day collection and a receipt was

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    Crl.A.Nos.278 and 275 of 2016

    supposed to be issued and even before issuance of the same, the

    accused were trapped, arrested and remanded to judicial custody.

    10.The learned counsel appearing for the appellant in

    Crl.A.No.275 of 2016/ A1 submitted that the evidence of P.Ws.2 and 3

    would go to show that there was no demand made by both the

    accused. The sanctioning authority did not accord sanction by

    applying its mind and it was accorded mechanically without

    considering the explanation. Even according to the evidence of P.W.2,

    there was no demand of any bribe during the inspection of the land.

    The trap laying officer has instructed P.W.2 to give the money to any

    person who demands the money and A2 reached the office before A1.

    Therefore, P.W.2 waited for A1 to come and handed over the money to

    A1. Therefore, the prosecution trapped the accused and charged them

    for other reasons. The accused also proved the motive to implicate

    them for the corruption charges by examining D.W.1 and D.W.2. They

    categorically deposed that there was order passed by A2 to vacate the

    premises of Village Administrative Officer, even then Village

    Administrative Officer, who is one of the witnesses herein failed to

    vacate the premises. Therefore, the Village Administrative Officer was

    forcibly evicted by A2 for which, A1 assisted him.

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    11.The learned counsel appearing for the appellant in

    Crl.A.No.275 of 2016/ A1 further submitted that according to the case

    of the prosecution, on the date of the alleged trap, after receipt of the

    tainted money, A1 went into the room of A2 and obtained signature in

    the no objection certificate, whereas, P.W.6 categorically deposed that

    no one visited the office of the second accused to obtain any signature

    in the no objection certificate. P.W.6 is none other than the Assistant

    Block Development Officer, who is sitting adjacent to the room of A2.

    Further, the prosecution suppressed the first complaint lodged by the

    defacto complainant before the Deputy Superintendent of Police.

    Therefore, the trap laying officer cooked up the entire case and set up

    a trap. When the prosecution failed to prove the demand, the entire

    charges are vitiated and the trial Court ought not to have convicted

    the accused. Further, P.W.4 was very much available at the time of

    alleged demand made by A1 from P.W.2, however, the presence of

    P.W.4 was not even whispered by P.W.2. Therefore, inorder to

    strengthen the case of prosecution, P.W.4 was inserted. Therefore,

    the entire conviction and sentence imposed on the accused cannot be

    sustained and liable to be set aside.

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    12.The learned Counsel for Government of Tamil Nadu

    (Criminal Side) submitted that the prosecution categorically proved the

    demand, acceptance and recovery of the tainted money. P.W.2

    categorically deposed about the occurrence and corroborated by

    P.Ws.3 and 4. P.W.4 was not accompanied by P.W.2. P.W.4 was also

    present at the time of demand made by A1 from P.W.2. Therefore,

    there is absolutely no reason to dis-believe the evidence of P.W.4.

    Though the no objection certificate was signed prior to the trap, it was

    not issued to the defacto complainant and both the accused demanded

    bribe from the defacto complainant. When P.W.2 visited A1, A1

    demanded bribe and P.W.2 refused to give bribe. Therefore, the

    defacto complainant wanted to see A2. When P.W.2 visited A2’s

    Chamber, he suggested him to pay the money to A1 as demanded by

    him for issuance of no objection certificate. Therefore, the demand

    was proved by the prosecution. During the trap, A1 received the

    tainted money and caught red handed. The phenolphthalein test also

    resulted in positive. Hence, the trial Court rightly convicted the

    accused and it does not warrant any interference of this Court.

    13.Heard the arguments advanced on either side and

    perused the materials placed on record.

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    14.At the time of the alleged occurrence, A1 was the Fitter

    and A2 was the Block Development Officer. The defacto complainant

    was examined as P.W.2. The sanctioning authority deposed as P.W.1.

    P.W.2 had deposed that he dug up a borewell and as such he wants to

    have change over switch to operate the borewell motor pumpset from

    the well electricity service connection for which the electricity board

    insisted no objection certificate from the concerned authority.

    Therefore, on 16.12.1999 P.W.2 went to the office of the accused and

    applied for no objection certificate. A1 received the application. He

    asked P.W.2 whether he possess any two wheeler for inspection. On

    the next day, i.e., on 17.12.1999, P.W.2 went to the office of A1 along

    with two wheeler borrowed from other friend inorder to take A1 along

    with him to visit his land.

    15.After inspection, A1 found that within the radius of 100

    meters there is no other borewell situated from the bore well dug by

    P.W.2. Thereafter, he was dropped at bus stop. At that juncture, A1

    demanded a sum of Rs.600/- as bribe to be paid to A2. P.W.2 said

    that he had no source of money. So, A1 reduced the bribe from

    Rs.600/- to Rs.550/- and directed P.W.2 to go to his office. On

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    21.12.1999, P.W.2 went to the office of A1 at about 12.00 noon.

    When A1 asked about the money, P.W.2 replied that he had no

    money. Then, P.W.2 went inside the A2’s chamber. On seeing P.W.2,

    A2 asked him, why are you coming without money and scolded P.W.2

    that if he want to have no objection certificate, go and see A1 and pay

    the amount as demanded by A1.

    16.Since P.W.2 did not want to give any bribe, he lodged

    complaint on 22.12.1999. After registration of FIR, trap was set up on

    23.12.1999. However, on that day, at about 10.30 a.m. A1 was not

    available and they waited till 11.30 a.m. At that juncture, P.W.2 did

    not see A2. At about 12.45 p.m., A1 came to his office and P.W.2

    asked about his no objection certificate. P.W.2 was present along with

    P.W.3. Immediately A1 asked about the money and the tainted

    money was given to A1. Thereafter, A1 went to the chamber of A2

    and obtained signature in the no objection certificate. After obtaining

    signature from P.W.2, no objection certificate was issued to him. Thus

    it is clear that P.W.2 did not even see A2.

    17.Further, during the cross examination, P.W.2 categorically

    deposed that on 16.12.1999, he did not see A2. Further A1 did not

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    demand any money on the next day, even during inspection or in his

    office. Further he did not even whisper about the presence of P.W.4 in

    the office of A1. On 22.12.1999, P.W.2 went to the office of the

    Deputy Superintendent of Police, Vigilance and Anti Corruption and

    lodged the complaint. However, it was not brought to the notice of the

    trial Court and it was not marked by the prosecution. Further, he also

    deposed that the no objection certificate was taken by A1 from his

    records.

    18.The specific case of the accused is that the no objection

    certificate was already signed as early as on 17.12.1999 itself i.e., on

    the date of inspection and it was kept in the office cupboard of A2.

    Therefore, once no objection certificate was signed by A2 on the date

    of inspection itself, there is absolutely no circumstances for demand of

    any bribe by the accused. It is the specific case of the accused that

    they collected donation for Flag Day. The person who accompanied

    P.W.2 deposed as P.W.3. He also deposed that they did not see A2.

    P.W.3 also admitted that he did not see the signature put up by A2 in

    the no objection certificate. The person who was available along with

    P.W.2 in the office of A1 has deposed as P.W.4. On the date of alleged

    second demand i.e., on 23.12.1999, he was there in the office of A1.

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    P.W.2 asked about the no objection certificate, for which, A1

    demanded money. According to P.W.2, he visited the office of A1 on

    22.12.1999 and on the same day he lodged the complaint. On

    23.12.1999, the trap was set up.

    19.That apart, the presence of P.W.4 was not even whispered

    by P.W.2 in his evidence. Therefore, the evidence of P.W.4 has been

    inserted by prosecution inorder to corroborate the evidence of P.W.2.

    The evidence of P.W.4 is not believable and failed to support the case

    of the prosecution. The Village Administrative Officer was examined as

    P.W.5. He deposed that inorder to change his office, A2 took action

    and issued notice. The Writer of the Block Development Officer was

    examined as P.W.8. He deposed that A2 signed no objection

    certificate as early as on 17.12.1999, in which he also entrusted.

    Therefore, the evidence of P.W.8 is clear that the no objection

    certificate was signed by A2 as early as on 17.12.1999 and it is

    completely prohibitory to the evidence of P.W.2. According to P.W.2,

    certificate was signed by A2 on 23.12.1999, that too after the receipt

    of the bribe amount by A1.

    20.The Junior Assistant of the Block Development Officer

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    deposed as P.W.12. P.W.12 deposed that on 17.12.1999, A1

    inspected the land of P.W.2 and issued report that within the radius of

    100 meters there is no other borewell situated from the bore well dug

    by P.W.2. It was handed over to A2 and on the same day, A2 signed

    the no objection certificate and it was ready for issuance. However,

    P.W.2 did not collect the same, which clearly shows that inorder to set

    up a trap, at the instigation of other witnesses, the complaint was

    given by P.W.2 and a trap was set up on 23.12.1999. It is also seen

    that P.W.2 deposed that on 22.12.1999, he visited the office of the

    Deputy Superintendent of Police and lodged a complaint, however, it

    was not produced by the prosecution. Therefore, in overall

    circumstances, the prosecution failed to prove the charge, demand and

    the acceptance of the bribe.

    21.In this regard, it is relevant to rely upon the judgment of

    the Hon’ble Supreme Court of India reported in

    MANU/SC/1158/2015 in the case of N.Sunkanna Vs. State of

    Andhra Pradesh, the relevant portion of the same is extracted

    hereunder:

    “6.The prosecution examined the other fair
    price shop dealers in Kurnool as PWs 3, 4 and

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    6 to prove that the accused was receiving
    monthly mamools from them. PWs 4 and 6
    did not state so and they were declared
    hostile. PW-3 though in the examination-in-

    chief stated so, in the cross-

    examination turned round and stated that the
    accused never asked any monthly mamool
    and he did not pay Rs.50/- at any time. The
    prosecution has not examined any other
    witness present at the time when the money
    was demanded by the accused and also
    when the money was allegedly handed-over to
    the accused by the complainant. The
    complainant himself had disowned his
    complaint and has turned hostile and there
    is no other evidence to prove that the accused
    had made any demand. In short there is no
    proof of the demand allegedly made by the
    accused. The only other material available is
    the recovery of the tainted currency notes
    from the possession of the accused. The
    possession is also admitted by the accused. It
    is settled law that mere possession and
    recovery of the currency notes from the
    accused without proof of demand will not bring
    home the offence under Section 7, since
    demand of illegal gratification is sine-qua-

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    non to constitute the said offence. The above
    also will be conclusive insofar as the offence
    under Section 13(1)(d) is concerned as in the
    absence of any proof of demand for illegal
    gratification the use of corrupt or illegal
    means or abuse of position as a public servant
    to obtain any valuable thing or pecuniary
    advantage cannot be held to be established. It
    is only on proof of acceptance of illegal
    gratification that presumption can be drawn
    under Section 20 of the Act that such
    gratification was received for doing or
    forbearing to do any official act. Unless there
    is proof of demand of illegal gratification proof
    of acceptance will not follow. Reference may
    be made to the two decisions of three-Judge
    Bench of this Court in B. Jayaraj
    vs. State of Andhra Pradesh [(2014) 13
    SCC 55] and P. Satyanarayna Murthy vs.
    The District Inspector of Police and
    another [(2015 (9) SCALE 724].”

    22.The above judgment is squarely applicable to the case on

    hand. When the prosecution failed to prove the demand of bribe, the

    conviction for the charges under the Prevention of Corruption Act

    cannot be sustained since the demand of illegal gratification is sine

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    qua non to constitute the offence under Section 7 of the Prevention of

    Corruption Act.

    23.In view of the above, the prosecution failed to prove the

    charges beyond reasonable doubt and the benefit of doubt goes in

    favour of the accused. Though both the accused died, the conviction

    and sentence imposed against them cannot be sustained and are liable

    to be set aside.

    24.Both the criminal appeals are allowed. The conviction and

    sentence passed by the learned Chief Judicial Magistrate/ Special

    Judge Namakkal in Spl. Calendar Case No.12 of 2002 under judgment

    dated 29.03.2016 as against the deceased appellants are set aside.

    The deceased appellant in Crl.A.No.278 of 2016/ A2 is acquitted from

    the charge under Section 7 of the Prevention of Corruption Act. The

    deceased appellant in Crl.A.No.275 of 2016/ A1 is acquitted from the

    charge under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of

    Corruption Act. The fine amount, if any, paid by the deceased

    appellant in Crl.A.No.278 of 2016 is ordered to be refunded to his legal

    heir/ second appellant in Crl.A.No.278 of 2016 and the fine amount, if

    any, paid by the deceased appellant in Crl.A.No.275 of 2016 is ordered

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    to be refunded to his legal heirs/ appellants 2 to 4 in Crl.A.No.275 of

    2016. The bail bonds, if any, executed by the deceased appellants,

    shall stand terminated/ discharged.

    17.07.2026
    pri

    Index: Yes/ No
    Speaking Order: Yes/ No
    NCC: Yes/ No

    To

    1.The Chief Judicial Magistrate/ Special Judge,
    Namakkal.

    2.The Deputy Superintend of Police,
    Vigilance & Anti-Corruption,
    Salem
    (Cr.No.9/AC/99)

    3.The Inspector of Police,
    Vigilance and Anti Corruption,
    Salem @ Namakkal
    (Cr.No.9/AC/1999)

    4.The Public Prosecutor,
    High Court of Madras,
    Chennai – 600 104.

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    G.K.ILANTHIRAIYAN,J.

    pri

    Pre-delivery Judgment in
    Crl.A.Nos.278 and 275 of 2016

    17.07.2026

    20/20

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