SESHADRI SWAMIGAL TRUST Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These petitions have been filed to direct the first respondent to de-freeze the accounts of the petitioner trust in the name of Sri Seshadri Swamigal Ashram with Account No.134100710400004 and 134100050310182 in the second respondent Bank, Account No.1198155000003920 in the third respondent Bank, Account No.177901000000001 and 177901000000003 in the fourth respondent Bank and Account No.7413017257 and 7413011278 in the fifth respondent Bank, in Cr.No.1 of 2019 on the file of the respondent and also to direct the first respondent to de-freeze the account of the petitioner trust in second respondent bank bearing Account No.177901000000002 and to return the original partition deed dated 27.08.2020 bearing document No.8335 of 2010 registered in the Office of the SRO Thiruvannamalai and the settlement deed dated 20.10.2010 registered as document No.9170 of 2010 in SRO Thiruvannamalai and the Locker Key of the Ashram where the silver and gold ornaments of the deity are kept.

(2.) The learned counsel for the petitioner in Crl.OP.No.8272 of 2020 would submit that the petitioner in Crl.OP.No.13358 of 2020 is the accused in Crime No.1 of 2019 on the file of the first respondent on the complaint lodged by the defacto complainant alleging that on 24.09.1974 Sri Seshadri Swamigal Madalaya Committee was registered under Societies Registration Act and the said committee was dissolved by the court. Thereafter, the petitioner accused became a trustee and Secretary to the Ashram from the year 1985 onwards. The petitioner made his wife as a devotee and through that he earned huge money, he also printed pamphlets and collected funds from the general public to construct building for the ashram. He also collected gold, silver, land and donations to the tune of Rs.50 crores from the general public in the name of ashram and the same was used for his own purpose thereby cheated the entire public. He constructed buildings for his own residence. In fact on the death of his wife on 11.01.2004, she was laid to rest in the ashram and built samadhi thereby damaged the sanctity of the ashram. He created trust in the name of Sri Seshadri Swamigal Trust, Pondicherry to carry on his illegal activities by diverting the funds for his personal use. He obtained income tax exemption from the Income Tax Department and transferred the money from the ashram to the trust. The trust did not maintain any books of accounts and he also started monthly magazine in the name of Sri Seshadri Swamigal and obtained concession from the Postal Department and thereby caused huge loss to Government of India. One of the devotees executed Will in favour of ashram which was sold by the petitioner to one, Udayakumar. Therefore, FIR was registered in Crime No.620 of 2020 for the offences under Section 406 , 409 , 477(a) and 420 of IPC on the file of the Inspector of Police, Tiruvannamalai Town Police Station. Thereafter, as directed by this Court in Crl.OP.No.26394 of 2016, the entire investigation has been transferred to the file of the first respondent for further investigation, and FIR has been renumbered in Cr.No.1 of 2019 for the offences under Sections 406 , 409 , 477(a) and 420 of IPC.

(3.) The learned Additional Public Prosecutor filed status report and submitted that as far as the petitioner in Crl.OP.No.13358 of 2020 is concerned, is an accused in Crime No.1 of 2019 on the file of the first respondent registered for the offences under Sections 406 , 409 , 477(a) and 420 of IPC. Now the investigation is almost completed and about to file final report and awaiting opinion of Assistant Public Prosecutor. The petitioner already filed petition for same direction before this Court in Crl.OP.No.25120 of 2019 and the same was dismissed by this Court by order dated 16.02.2020. There is absolutely no change in circumstances and the petition is liable to be dismissed. He further submitted that there are very serious allegations levelled as against the petitioner. The petitioner was appointed as Secretary to administer Sri Seshadri Swamigal Ashram from the year 1981 continuously. He cheated the members of the ashram as well as the devotees. They registered separate trust, namely Sri Seshadri Swamigal Trust, Pondicherry, with the Office of the Uzhavarkarai Sub Registrar Office vide document No.219 of 2004 and diverted all the funds of the ashram to his trust. In order to maintain the properties of Seshadri Swamigal Ashram, the petitioner did not maintain any accounts. He also claimed exemption from Income Tax Department and Postal Department and cheated the Government of India.