(Prayer: Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure, to call for the records pertaining to the Order passed in Crl.M.P.No.23/2024 dated 26.03.2024 by the learned Special Judge of the Special Court for the Trial of Cases under the Prevention of Corruption Act, Chennai and set aside the same as illegal, erroneous and perverse and to return the Locker Key bearing No.1331 seized by the respondent in Account No.061501000000002 in Indian Overseas Bank, Vellankoil Branch, Erode District.)

1. The petitioner/A3 has filed a petition under Section 451 Cr.P.C in Crl.M.P.No.23 of 2024 in Crime No.5/AC/2023/CC-IV before the learned Special Judge, Special Court for the cases under Prevention of Corruption Act at Chennai (trial Court) seeking to return the Locker Key No.1331 and permit the petitioner to operate the Locker No.1291 whenever needed maintained in Indian Overseas Bank, Vellankoil Branch, Erode. The trial Court vide impugned order dated 26.03.2024 dismissed the said petition, against which, the present criminal revision case is filed.

2. Gist of the prosecution case is that one Rameswaramurugan/A1, a public servant previously posted as Joint Director (Secondary), School Education, Chennai and, is presently posted as Secretary, Teachers Recruitment Board, Chennai. A3/petitioner, A2 A4, A5 & A6 are the father, wife, mother, father-in-law and mother-in-law of the public servant/A1. Based on the complaint of Mr.Abdul Malik, from Sivagangai District, the Director of Vigilance and Anti Corruption ordered to conduct preliminary enquiry vide Memorandum No.PE 92/2021/EDN/HQ dated 06.10.2021. Accordingly, preliminary enquiry conducted, final opportunity notice dated 02.05.2023 issued seeking reply, no reply received, hence, FIR in Crime No.05/AC/2023/CC-V registered for offence under Sections 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988 and Section 109 of IPC against the said accused for possession of disproportionate assets to the known sources of income by A1 in his name and in the name of his family members A2 to A6 during the check period from 01.04.2012 to 31.03.2016 to the tune of Rs.3,89,21,626/- which calculated to be 354.66% over and above the known sources of income of A1 and his family members. During investigation, it revealed that A2 is a housewife and, has no independent source of income except rental income. A3/petitioner and A4, father and mother of A1 are farmers having no independent source of income except agriculture income. A5 and A6, father-in-law & mother-in-law have no independent source of income except some rental income.

3. A search was conducted in the house of A3, Locker Key No.1331 seized, on enquiry, it revealed that A3 was having a locker in Account No.061501000000002 (Locker No.1291 & Locker Key No.1331) at Indian Overseas Bank, Vellankoil Branch, Erode, thereafter, inventory taken, valued and the operation of the Locker No.1291 curtailed. Thereafter, petitioner filed a petition under Section 451 Cr.P.C before the trial Court in Crl.M.P.No.23 of 2024 in Crime No.5/AC/2023/CC-IV and the same was dismissed by the impugned order.

4. The learned Senior Counsel appearing for the petitioner submitted that the petitioner arrayed as A3 in the FIR. The admitted position is that the petitioner had agriculture and rental income and he is a man with resources and it is also recorded the petitioner has got no independent source of income. The petitioner has been in ownership and possession of a large extent of immovable properties inherited from his father even prior to birth of his son/A1 in this case. Pursuant to registration of FIR, search conducted by the respondent on 12.10.2023 in the petitioner's house, during that time, a Locker Key No.1331 pertaining to Locker No.1291 and Account No.061501000000002 maintained in Indian Overseas Bank, Vellankoil Branch, Erode seized. In the Locker No.1291, temples jewels are kept in safe custody. On 23.11.2023, the Locker No.1291 opened, inventory prepared in respect of temple jewels. In the inventory list, temple jewels found in Locker No.1291 recorded. On 11.12.2023, a letter was addressed to the public servant/A1 to furnish explanation for temple jewels found in the Locker No.1291. A1 gave explanation to the respondent on 13.12.2023 for the temple jewels found in the said locker confirms that the jewels kept in the locker all belong to the temple which is also confirmed by the temple authorities and villagers. The Hereditary Trustees of Arulmigu Makaliamman Temple and Arulmigu Kariyakaliamman Temple entrusted the temple jewels for the safe custody to the petitioner since the petitioner is a pious, religious and respectable person, confident reposed in him, hence, jewels of the temple were handed over in the year 1988, at that time, A1 was only a minor boy.

5. The learned Senior Counsel further submitted that the Appraisal Report of the Hindu Religious and Charitable Endowments Department in Report No.43/88, dated 30.11.1988 confirmed jewels belong to the temple and it is there even prior to 1988. Subsequently on 09.12.2022, second appraisal of the temple jewels made which further confirms the jewels found in the Locker No.1291 belongs to the temple. He further submitted that the temple is a listed temple, having a Calender of temple rituals and functions. Now due to the detention of Locker Key No.1331 and prohibitory order issued in operating the locker, causes great prejudice and ill-feeling among the devotees for not adorning the deity with the jewels during the rituals and during special occasions. The petitioner is aged about 90 years and is now with a guilt for not adorning the deity with jewels for rituals and during festivals. Due to which, anguish, pain and sufferings caused. Further, the petitioner is in the last stage of his life and needs to restore the jewels to the deity at the earliest so that he can be relieved from pain and sufferings. He further submitted that now the temple authorities are ready to receive the jewels and to keep them under safe custody. The trial Court had not considered these aspects and mechanically dismissed the petition. Hence, he prays for allowing the revision.

6. The learned Additional Public Prosecutor appearing for the respondent Police filed status report and submitted that based on the complaint of Mr.Abdul Malik, who is from Sivagangai District, the Director of Vigilance and Anti Corruption ordered to conduct preliminary enquiry vide Memorandum No.PE 92/2021/EDN/HQ dated 06.10.2021. Accordingly, a preliminary enquiry conducted and a regular case in Crime No.05/AC/2023/CC-V registered for offence under Sections 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988 and Section 109 of IPC finding that apart from the public servant/A1, his family members A2 to A6 abetted A1 in commission of the offence. A2 to A6 are the abettors and the check period is from 01.04.2012 to 31.03.2016. During investigation, the Inspector of Police, Vigilance and Anti Corruption, Erode Detachment conducted search in the house of the petitioner situated at Door No.2/46, Bazaar Street, Vellankoil, Siruvaloor Post, Gobichettipalayam Taluk, Erode on 12.10.2023 and seized the Locker Key No.1331. The investigation revealed that the petitioner maintaining locker facility at Indian Overseas Bank, Vellankoil Branch, Erode in Locker No.1291 and Locker Key No.1331 in Account No. 061501000000002). On 23.11.2023, the Locker No.1291 opened in presence of official witnesses viz., Bank Manager, Appraiser, A2, A3 and A4. During the search of Locker No.1291, gold articles weighing about 372.2 grams, silver articles weighing about 781.5 grams, silver with gold articles weighing 24.60 grams and covering chains weighing 2.2 grams found, inventory mahazar prepared, thereafter, articles kept inside the locker in presence of the witnesses and the Locker Key No.1331 seized. Thereafter, the petitioner filed a petition under Section 451 Cr.P.C before the trial Court on 26.03.2024 seeking return of Locker Key No.1331 and permission to operate the Locker No.1291 whenever needed. The trial Court finding that the jewels were not taken out during the festival in the previous year from the locker as claimed by the petitioner and the petitioner made a false claim for return of locker key, dismissed the petition.

7. He further submitted that the reason sought and requirement of the jewels as mentioned in the petition already expired and investigation reveals that the jewels were not taken out during the said festivals in the previous year from the locker. Now, the investigation is in crucial stage and final opportunity notice issued to the petitioner, but the petitioner failed to provide any documentary proof and materials during enquiry but dragging on the enquiry from 02.05.2023 to 13.09.2023 by seeking time for one reason or other. The petitioner is supporting his son and acting at his behest. The petitioner's rental income from agriculture income were taken into account which was considered while calculating the income. The petitioner failed to produce any document to prove that the jewels were entrusted to him and in what capacity, he is holding the jewels.

8. He further submitted that in the inventory mahazar, the details of the jewels mentioned giving serial number, item number, grams, model, years of pledging, to whom it belongs and where the jewels purchased. This detailed inventory will be part of the final report but the jewels does not form part of the disproportionate assets. In fact the petitioner earlier admitted for appointment of an Advocate Commissioner for taking inventory but later failed to pay the fee to the Advocate Commissioner and raised objection for appointment of Advocate Commissioner. If the petitioner claim genuine that all the jewels found in the locker belongs to the temple, there is no reason for the petitioner to have objection for appointment of Advocate Commissioner. The inventory of the Advocate Commissioner would have been helpful both to the petitioner and to the respondent.

9. He further submitted that during investigation it was confirmed from the letter received from Joint Commissioner, HR&CE, Erode, Letter Na.Ka.No.11536/2023/A4 dated 07.05.2024 that the jewels present in Locker No.1291 of Indian Overseas Bank, Vellankoil Branch belong to the temples Arulmighu Makaliamman and Arulmighu Kariakaliamman which are under the control of HR&CE Department. Hence, he prayed for appropriate direction from this Court.

10. This Court heard the submissions of Mr.K.Karthikeyan, learned Government Advocate for HR & CE Department and he submitted that the temple is a listed temple under Section 45(1) of Hindu Religious and Charitable Endowments Act. The temple is under the administration of the Hereditary Trustees and the Executive Officer. Now, an Executive Officer appointed to the temple and the Executive Officer already taken steps to take the jewels and keep it in a safe locker. He further submitted that the gold and silver of the temple are to be now kept in a separate locker, resolutions passed, steps taken to open a safe locker in Tamil Nadu Merchantile Bank, Siruvaloor and the letter of the Executive Officer, dated 06.09.2025 produced to that effect.

11. This Court considered the rival submissions and perused the materials available on record.

12. It is seen that the jewels found in Locker No.1291 belongs to the temple. The temple is a listed temple under Section 45(1) of Hindu Religious and Charitable Endowments Act and it is administered by the Hereditary Trustees and the Executive Officer. On 23.11.2023, the Locker No.1291 maintained in Indian Overseas Bank, Vellankoil Branch, Erode opened with Locker Key No.1331 in presence of Bank Manager, Appraiser of the Bank, the petitioner/A3, his wife/A4, his daughter-in-law/A2, Mr.Vivekanantham, Special Sub Inspector of Police, Vigilance and Anti Corruption, Erode, Mr.Senthil Kumar, Clerk, HR & CE of Arulmigu Makaliamman Temple, Vellankoil and Mr.G.Arumugam, Inspector of Police, Vigilance and Anti Corruption, Erode and inventory prepared for the following articles kept inside the locker:









13. The Appraisal Report of the Hindu Religious and Charitable Endowments Department in Report No.43/88, dated 30.11.1988 and subsequent report dated 09.12.2022 confirm jewels belong to the temple and the Hereditary Trustees confirmed that the jewels were handed over to the petitioner for safe custody since the petitioner is a pious, respectable and elderly man. All jewels belong to the temple which is confirmed by the Joint Commissioner, HR&CE, Erode by his letter in Na.Ka.No.11536/2023/A4 dated 07.05.2024. Added to it, the Executive Officer of the temple now confirms already steps taken for opening a separate locker to keep the temple jewels found and available in Locker No.1291 by both HR & CE Officials and the respondent.

14. In view of the above, this Court directs the respondent to handover the Locker Key No.1331 of Locker No.1291 to the Executive Officer of the Temple in the presence of the Hereditary Trustees and the petitioner. Thereafter, the Executive Officer, the petitioner, Hereditary Trustees of the Temple shall approach the Bank Manager of Indian Overseas Bank, Vellankoil Branch, Erode and, the Investigating Officer to permit them to operate the Locker No.1291 with Locker Key No.1331 (Account No.061501000000002) and shift the jewels to the new locker opened by the Executive Officer of the temple. Thereafter, the Executive Officer can use the temple jewels for adorning the deity during poojas and festivals. All the above said process shall be part of the case records in Crime No.05/AC/2023/CC-V on the file of the respondent.

15. In view of the above, this Criminal Revision Case stands allowed setting aside the impugned order dated 26.03.2024 in Crl.M.P.No.23 of 2024 in Crime No.05/5/AC/2023/CC-IV passed by the learned Special Judge, Special Court for the cases under Prevention of Corruption Act at Chennai. Consequently, connected criminal miscellaneous petition is closed.