High Court · 2025

Crl.R.C.No.2210 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 04.04.2025CORAM:THE HON'BLE MR.JUSTICE M.NIRMAL KUMARCrl.R.C.No.2210 of 2024Killivalavan ... PetitionerVersusState Represented by The Inspector of Police,Vigilance and Anti-Corruption,Villupuram.Cr.No.1/2024 ... RespondentPRAYER : Criminal Revision Petition filed under Section 438 of BNSS, praying to set aside the order of dismissal in Crl.M.P.No.116 of 2024 dated 27.11.2024 on the file of the Special Court for Prevention of Corruption Act Cases at Villupuram District by allowing the present Criminal Revision.For Petitioner : Mr.D.SelvamFor Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)1/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2210 of 2024O R D E RThe petitioner filed a petition before the trial Court in Crl.M.P.No.116 of 2024 seeking return of Bank Locker Keys. The trial Court, by the order dated 27.11.2024 dismissed the same, against which, the present revision is filed.2.The petitioner is the husband of A1/Thaiyalnayagi, who is working as Sub-Registrar at Joint Registrar Office-II, Villupuram. On 20.05.2024, a surprise check conducted in her office by the District Inspection Cell and found unaccounted cash to the tune of Rs.1,80,040/-. The same was seized, F.I.R. registered in Crime No.1 of 2024 for offence under Section 7 of the Prevention of Corruption (Amendment) Act, 2018 r/w 102 of Cr.P.C. against the petitioner’s wife Thaiyalnayagi and seven others. Pursuant to the same, a search was conducted in the petitioner’s residence on 21.05.2024 and during the house search, documents of immovable properties, Fixed Deposit 2/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2210 of 2024receipts, R.C. Books of four wheeler, two wheeler, Bank pass books, Gold jewels, Silver articles were found and recorded in the inventory. Further, the locker key for bank Account No.1269101013622 of Canara Bank in the name of the petitioner seized on 13.08.2024. The locker in Canara Bank was opened in which, 1008.100 grams of gold jewels and 2786.400 grams of silver articles found, again an inventory taken. 3.According to the petitioner, the petitioner retired as Executive Officer from Neyveli Lignite Corporation (NLC) and he purchased gold jewels, silver articles out of his savings for his daughter’s marriage and after her daughter’s marriage, he had several functions for his daughter and also had Silver Jubilee of his marriage and on these occasions he received presents of gold jewels and silver articles. The petitioner’s wife declared their movable and immovable properties to the registration department, which they are holding as on 21.08.2023 and thus all the properties disclosed. The petitioner 3/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2210 of 2024filed a petition in Crl.M.P.No.116 of 2024 seeking bank locker keys, which was detained by the trial Court in C.P.No.4 of 2024. The trial Court dismissed the petition finding that a case is registered against the petitioner’s wife Thaiyalnayagi and pursuant to the criminal case, search conducted and locker key seized and handing over the locker key permitting to operate the locker now cannot be entertained, which is not proper. Already the properties in the locker inventorized and further these properties disclosed to the registration department by the petitioner’s wife and now the petitioner’s second daughter is to get married and for this reason gold jewels required. Hence, filed the above petition.4.The learned Government Advocate filed status report informing that in this case on 20.05.2024 a surprise check was conducted in the Sub Registrar Office-II, Villupuram by the District Inspection Officer along with Deputy Superintendent of Police, Vigilance and Anti-corruption and other 4/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2210 of 2024officials. At that time unaccounted cash of Rs.1,80,040/- seized from the office. The petitioner's wife was unable to give any explanation for the unaccounted cash. Hence, the case in Crime No.1 of 2024 registered against the petitioner's wife and 7 others. In continuation of investigation, house search was conducted at the residence of the petitioner and valuable properties found including gold jewels and silver articles. At that time the locker key pertaining to Canara Bank locker No.473 in Account No.1269101013622 found and after informing the petitioner and his wife, in presence of bank manager the locker was opened on 13.08.2024. In the locker 1008.100 grams of gold jewels, 2786.400 grams of silver articles and other documents and articles found. All inventorized in the presence of the Bank Manager and the petitioner. For the purpose of investigation again locker was closed and operation of locker restricted. Now the locker key is before the trial Court in C.P.No.4 of 2024. 5/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2210 of 20245.The learned Government Advocate further submitted that pursuant to the search and seizure, the assets both movable and immovable, which are disproportionate to the earnings of the petitioner’s wife found. Now detailed enquiry against Thaiyalnayagi registered on 10.12.2024 for the check period between 01.01.2019 to 25.05.2024. During the detailed enquiry, 16 witnesses examined, 21 documents collected. So far, 19 land documents including 11 house site plots, 6 Agricultural lands, one Apartment registered in the name of petitioner were found. The petitioner’s wife amassed wealth in the name of petitioner. As on date, an amount of Rs.1,63,93,875/- deposited in the name of petitioner as Fixed Deposit in Canara Bank, Neyveli. The petitioner shortly called for enquiry. The property acquired particulars and its source of petitioner and his wife Thaiyalnayagi are verified. Likewise, the valuation of gold jewels and silver articles are being collected and the detailed enquiry is in progress. Only on conclusion of the detailed enquiry, the petitioner's contention can be decided and thereafter appropriate steps would be taken. At 6/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2210 of 2024this stage entertaining the above petition would scuttle the detailed enquiry. Hence, prayed for dismissal of the petition.6.Considering the submissions made and on perusal of the material it is seen that now detailed enquiry is in progress, 16 witnesses examined and 21 documents collected, which includes housing plots, agricultural lands, Apartment and also huge value of gold jewels and silver articles. Valuation of gold jewels and silver articles is in process, not completed. Only on conclusion of detailed enquiry, whether retention of articles required or not can be decided. In view of the above, this Court is not inclined to entertain this petition at this stage.7.Hence, the Criminal Revision Case is dismissed. It is for the petitioner to appear before the respondent and give his explanation to prove that he is holding the properties on his own right. The respondent to consider 7/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2210 of 2024the petitioner's claim and thereafter to take appropriate decision, and inform the petitioner.04.04.2025(2/2)Index: Yes / NoInternet: Yes/NoSpeaking / Non-speaking orderrsiTo1.The Inspector of Police, Vigilance and Anti-Corruption, Villupuram.2.The Special Judge, Special Court for Prevention of Corruption Act Cases, Villupuram District.3.The Public Prosecutor, High Court, Madras.8/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2210 of 2024M.NIRMAL KUMAR , J. rsiCrl.R.C.No.2210 of 202404.04.2025(2/2)9/9