MADURAI: A head constable, who died during the pendency of an appeal in a corruption case registered against him, has been posthumously given a clean chit by the Madras High Court (Madurai Bench) after his wife proved that the case was foisted by the then Thoothukudi Superintendent of Police due to enmity. However, an Inspector has been convicted in the corruption case.
In August 2000, V Kanagasabapathy, the Circle Inspector of Puliyampatti Police Station in Thoothukudi and Sivaraman, a head constable, were arrested on charges of demanding and accepting a bribe of `1,000 and `200 respectively from a complainant. When sleuths of the Directorate of Vigilance and Anti-Corruption (DVAC) arrested the Inspector he allegedly tried to swallow the currency. The money was retrieved and a phenolphthalein test turned positive. The DVAC claimed that the head constable ran out of the station but was later caught.
The Chief Judicial Magistrate, Thoothukudi, found both of them guilty and awarded them a jail term of three years each and imposed a fine of `1,000.
Kanagasabapathy and Sivaraman challenged the conviction. During the pendency of the appeal in the High Court, Sivaraman died and his wife was permitted to fight the case.
The court found the Inspector guilty and upheld his conviction.
However, in Sivaraman’s case, his wife contended that he was framed in the case as he had a feud with the then SP of Thoothukudi. According to her, the SP had once booked Sivaraman, her and two other relatives under the Tamil Nadu Prohibition Act but they were acquitted by the trial judge.
Subsequently, Sivaraman and others filed a suit against the SP for recovery of compensation as damages for mental agony and loss of reputation. Sivaraman’s wife said that angered by this, the head constable was implicated in the bribery case under the then SP’s behest.
Accepting the contentions, Justice Mala said that it is pertinent to note that there is enmity between the then SP and the head constable. To prove the same the Sheristadar and Head Clerk of the court (concerned) were examined and the exhibits were marked, which shows that taking vengeance against the head constable, a criminal case has been registered...”
Hence, the arguments advanced by the counsel for the head constable that due to the previous enmity, the case has been foisted is acceptable, the judge said and acquitted Sivaraman.