High Court · 2025

WP Crl. No. 1438 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15-12-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARW.P.Crl. No. 1438 of 2025Sivagama SundariW/o.R.Chidambaranathan, No.61, Seniyakulathu Street, Karaikal, Pattammal Nagar, Karaikal.PetitionerVs1. State byDeputy Superintendent of Police, CBI/ACB/Chennai, 3rd Floor, Shastri Bhavan, No.26 Haddows Road, Nungambakkam, Chennai, TN-06.2.The Branch ManagerKarur Vysya Bank, Karaikal Main Branch, Karaikal - 609 602.Respondent(s)PRAYER : Writ Petition filed under Article 226 of Constitution of India, 1950 praying to issue a writ of mandamus directing the 1st respondent to defreeze the bank locker bearing key No.Godrej 20/053-1240 maintained by the petitioner in the Karur Vysya Branch, Karaikal Main Branch.For Petitioner : Mr.Ashwinkumar, A.For Respondents-1 : Mr.K.Srinivasan Special Public Prosecutor For CBI Cases1/9 https://www.mhc.tn.gov.in/judis WP Crl. No. 1438 of 2025O R D E RThe petitioner has filed the above writ petition seeking a direction to the first respondent to defreeze the bank locker bearing Key No.Godrej 20/053-1240 maintained in Karur Vysya Bank, Karaikal main branch. 2.The contention of the learned counsel for the petitioner is that the petitioner is the wife of one Chidambaranathan, who was arrayed as A2 in a trap case in Crime No.RC032 2025 A0004 and investigation is pending. In that case along with the petitioner two others were also arrayed as accused. During the investigation in a trap case, house search conducted. At that time, locker Key No.Godrej 20/053-1240 seized and later the locker was opened on 15.04.2025 in presence of the Bank Manager, Assistant Bank Manager, Appraiser, petitioner herein, her brother-in-law, Deputy Superintendent of Police, CBI and Sub Inspector, CBI. On that day inventory of the articles drawn, in which the petitioner and others signed.3.The learned counsel further submitted that after the inventory on 15.04.2025, another F.I.R. in Crime No.RC032 2025 A0020 for offence under Sections 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988 and 13(2) r/w 13(1)(b) of Prevention of Corruption Act, 1988 (As amended in 2018) registered 2/9 https://www.mhc.tn.gov.in/judis WP Crl. No. 1438 of 2025against the petitioner’s husband. This registration of F.I.R. preceded a preliminary enquiry. The petitioner was called for enquiry. She disclosed the facts, known to her and more particularly, with regard to jewels which were found in the locker, she informed all jewels purchased much prior to the check period. In the F.I.R. in Statement-A at Serial No.VII, the properties acquired prior to the check period were drawn and the same is extracted hereunder:VII. The jewellery found in the Bank Locker of Shri Chidambaranathan owned by him and his family as declared by them during Locker operation was conducted on 15.04.2025 in the presence of independent witnesses, have been recorded in the inventory memo. The cost of purchase before the check period i.e., before 01.01.2016, as declared by the family members of Shri Chidambaranathan has been adopted.3/9 https://www.mhc.tn.gov.in/judis WP Crl. No. 1438 of 20254/9 https://www.mhc.tn.gov.in/judis WP Crl. No. 1438 of 20255/9 https://www.mhc.tn.gov.in/judis WP Crl. No. 1438 of 20254.The gold jewels listed in Serial Nos.1 to 22 were purchased by the petitioner gifted by the family members, much prior to the check period and all were safely kept to be presented to his second daughter on her marriage. Now marriage of the second daughter is contemplated and soon to be held. For that reason petitioner needs the gold jewels. Further the petitioner is not an accused in this case.5.The learned Special Public Prosecutor filed his counter and submitted that earlier a trap case registered, in which the petitioner’s husband shown as A2 and other two accused are one M.Dhinadhayalan/A1, Chief Engineer, Public Works Department, and N.Elamurugan/A3, PWD Contractor. It is projected as though the petitioner’s husband acted as conduit to collect bribe amount and hand over to A1 and trap laid on 23.05.2025 which proved successful. The petitioner’s husband was arrested in that case. He was granted bail by this Court on 08.04.2025 with certain conditions. One of the conditions is that petitioner’s husband to appear before the respondent police and he complied the conditions. As a follow up to the trap case, house search conducted, locker key of the petitioner found, locker opened, inventory taken on 15.04.2025 and the same recorded in the Inventory Mahazar. Following the preliminary enquiry, F.I.R. for disproportionate asset case filed against petitioner’s husband and investigation is 6/9 https://www.mhc.tn.gov.in/judis WP Crl. No. 1438 of 2025pending. He further submitted that now investigation is at a preliminary stage and only after conclusion of investigation the actual status of the petitioner and the valuables, gold ornaments which were found in the locker, can be ascertained, thereafter appropriate steps will be taken. Hence, opposed for releasing the jewels at this stage.6.Considering the submissions made on either side and on perusal of the materials, it is seen that the check period fixed from 01.01.2016 to 23.03.2025 and from Statement-A, Serial No.VII, it is seen that the gold articles listed in Item Nos.1 to 22 were purchased prior to 01.01.2016. As such, as on date these articles listed in Statement-A. The apprehension of the learned Special Public Prosecutor is that investigation is pending and until the conclusion of investigation, the petitioner’s contention needs consideration. But the petitioner’s second daughter’s marriage proposal finalised, engagement to be held on 23.01.2026 and the marriage to be held during June, 2026. Hence, this Court is of the view that locker key can be handed over to the petitioner and she can use the jewels listed in Serial Nos.1 to 22 for her daughter’s marriage.7.In view of the same, the first respondent is directed to hand over the locker key to the petitioner. The petitioner, in presence of first respondent police 7/9 https://www.mhc.tn.gov.in/judis WP Crl. No. 1438 of 2025and Bank Manager, take the properties listed in Item Nos.1 to 22 alone for the purpose of marriage of her daughter. The petitioner to give an undertaking and execute a personal bond to a value of Rs.4,56,000/- to the respondent police, and further to undertake to execute additional bond in future, if required.8.With the above directions, the Writ Petition is allowed.15-12-2025Index : Yes/NoInternet : Yes/NoSpeaking order/Non-speaking orderrsiTo1.The Deputy Superintendent of Police, CBI/ACB/Chennai, 3rd Floor, Shastri Bhavan, No.26 Haddows Road, Nungambakkam, Chennai, TN-06.2.The Public Prosecutor, High Court, Madras.8/9 https://www.mhc.tn.gov.in/judis WP Crl. No. 1438 of 2025M.NIRMAL KUMAR, J.rsiW.P.Crl. No. 1438 of 202515.12.20259/9