HC sentences former part-time bank employee to four- year RI

The Madurai Bench of the Madras High Court, setting aside the judment of the trial court, has sentenced a former part-time bank employee to four-year rigorous imprisonment for demanding a bribe from a man who sought educational loan for his daughter in Thoothukudi district in 2010.

The court was hearing the appeal preferred by the CBI (ACB), Madurai, against the judgment of the II Additional District Court for CBI Cases in Madurai.

It was said that Senior Manager V. Samuel Jebaraj and P. Narayanan, a part-time employee, were working in Canara Bank, Nazareth branch. A man approached the bank seeking an educational loan for his daughter so that she could pursue Nursing course. A loan of ₹2.50 lakh was sanctioned on October 29, 2010.

Under these circumstances, it was said that Narayanan visited the house of the man and demanded a bribe to give the cheque for the loan. He demanded an amount on behalf of Samuel Jebaraj also. Based on a complaint, a trap was laid. The bribe, along with other money, was recovered.

The case of the prosecution was that the two bank personnel had conspired to receive bribes from beneficiaries of education loan. The chargesheet was filed against Samuel Jebaraj and Narayanan and was taken on file of the Special Judge for CBI Cases, Madurai. The accused denied the allegations. The trial court acquitted the accused in the case. Challenging the same, the appeal was filed by the CBI (ACB), Madurai. Samuel Jebaraj died during the pendency of the appeal.

Justice K.K. Ramakrishnan observed that the trial court had not properly addressed the issue of reasonable doubt. The bank personnel, to grant the education loan, demanded and accepted a bribe. The court does not want to show any mercy on the accused bank personnel which would amount to misplaced sympathy, the court observed and sentenced Narayanan to four-year rigorous imprisonment and imposed a total fine of ₹1.50 lakh.

Considering that the applicants had undergone hardship during the course of obtaining loan and also before the court by subjecting themselves for incisive cross examination, the court directed the trial court to give ₹35,000 each as compensation out of the fine amount of ₹1.50 lakh.