April 23, 2019:
Supreme Court has granted bail to ex-police officer, an accused of corruption, primarily on the ground that he is of old age person of about 71 years and is in jail for 136 days.
A bench of Justice Nageswara Rao and Justice Shah has passed the order in case titled K. NAGOORAN vs STATE REP BY INSPECTOR OF POLICE on 01.04.2019.
Once the National Insurance Company and other Insurance Company filed a batch of Writ Petitions before the Hon'ble High Court of Madras, seeking CBI investigation to probe fake accident claims preferred by various claimants, based on the fake or forged First Information Report by fabricating records, as if the injuries sustained by the victim were due to road accident caused by vehicles insured under those companies. Pursuant to the Writ petitions, the Hon'ble High Court in a batch of writ petitions vide common order dated 20.07.2006 directed the CBI to investigate some specific cases.
Pursuant to the said direction of the High Court, CBI had registered a case under Sections 420, 120-B and 511 IPC as against Tamil Selvan and T.Gunasekaran and investigated. At the end of the investigation, they found that Tamil Selvan(A-1), T.Gunasekaran(A-2), IllayaPerumal (A-3) and Nagooran (A-4) entered into a criminal conspiracy on 17.09.2009 at Pudukottai to cheat the National Insurance Company and to avail insurance claim by preferring false claim petition for the self inflicted injuries sustained by T.Gunasekaran. Pursuant to the said conspiracy T.Gunasekaran(A-2) in connivance with K.Nagooran (A-4), the then Sub Inspector of Mimisal Police Station has created a compliant, as if T.Gunasekaran sustained injury by falling in Bajaj M 80 two wheeler bearing registration No.TN 55 C 2932 as pillion rider while V.Tamil Selvan riding the two wheeler. Pursuant to the said conspiracy, First Information Report was registered by the K.Nagooran(A-4) based on the false complaint given by T.Gunasekaran. The First Information Report was registered after 56 days from the date of occurrence. Final report with fabricated documents as if A-4 investigate the Motor Accident and found that V.Tamilselvan had rash and negligently driven the Bajaj M 80 vehicle and lost his control while negotiating the turn and thereby the pillion rider T.Gunasekaran was thrown out from the vehicle and sustained fracture.
The trial Court dealing with the CBI chargesheet found that the prosecution has proved the guilt of A-1 and A-2 and convicted A-1 for the offence under Section 182 IPC and sentenced him to undergo 3 months rigorous imprisonment with fine of Rs.1,000/- in default to undergo one month rigorous imprisonment and also found A-2 guilty for the offence under Sections 182 and 511 r/w 420 IPC and sentenced him to undergo 3 months rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo one month rigorous imprisonment for each of the offences. Since, pending trial A-3 died, case against him got abated. A-4 (K. Nagooran) was acquitted from the charge under Section 120-B r/w 420, 511 and 13(2) r/w 13(1)(d) of PC Act.
The acquittal of Nagooran was challenged by the State before the High Court.
The High Court reversed the acquittal and directed “The order of acquittal passed in respect of the appellant/A.4 dated 08.03.2010 in C.C.No.3 of 2007 by the learned Special Judge for CBI Cases is set aside. A-4 is convicted for the offence under Section 13(2) r/w 13(1)(d) of PC Act and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo one month simple imprisonment”.
Nagooran then chellneged his conviction before the Supreme Court. The appeal is pending. It is in this appeal that the Supreme Court allowed him to be released on bail.
Supreme Court directed “Mr. S. Nagamutu, learned senior counsel appearing on behalf of the petitioner submits that the petitioner is 71 years old and has already undergone 136 days of imprisonment out of one year sentence. In view of the above facts, we are inclined to enlarge the petitioner on bail subject to the satisfaction of the concerned Trial Court”.
Read the order here:
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