Former TN minister seeks to quash criminal case against him

Former Tamil Nadu Agriculture Minister S S Krishnamoorthy today sought quashing of the criminal case filed against him following the alleged suicide of a government official on February 20, on the ground that it had been made based on hearsay, surmises and conjunctures.
In his petition filed before a Madras High Court bench, he said there was no direct evidence even to suggest that he had demanded Rs 1.75 lakh from the candidates for the post of drivers through his subordinates or by himself.
There was no proof for any of the main sections mentioned, namely IPC 120(a)criminal conspiracy, IPC 306 (abetment to suicide) or Prevention of Corruption Act, under which the case had been filed, he contended.

It was not even the case of the prosecution that he had spoken to Muthukumarasamy (Assistant Executive Engineer who allegedly committed suicide) either in person or over phone, he said.
Krishnamoorthy submitted there was no direct or indirect participation of the petitioner (himself) to abet the act of the deceased. "The petitioner cannot be roped in under IPC 306 without cogent materials," he said.
The former minister said the deceased Muthukumarasamy had not left behind any suicide note and the prosecution case is based only on the circumstances of the case.

Referring to the charge under Prevention of Corruption Act, he said the Judicial Magistrate I of Tirunelveli was not the competent person to take cognisance on that score, since the court was not the court of special judge notified under PCA.

Justice S.Vaidhyanathan, who heard the case today, directed CB-CID to file its counter on December 10 and dispensed with the personal appearance of the former Minister for a day on December 7 at the Judicial Magistrate court.
According to CB-CID, the Minister entered into a criminal conspiracy with the Chief Engineer and his Personal Assistant to collect bribe to the tune of Rs 1.75 lakh for appointment of 191 temporary drivers.
Muthukumarasamy, who assumed office, said three candidates selected by him were willing to pay the bribe amount. But pressure was exerted on him to collect the money, leading to his committing suicide, CB-CID said.