V.VENKATESAN Vs. STATE

JUDGEMENT

(1.) The petitioner herein is the first accused in C.C.No.17 of 2015 on the file of the Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai. On completion of investigation, CBI has filed Final Report for prosecuting this petitioner and one Rabindrakumar Bhalotia. After taking the statement one N.Babu (approver), the Final Report indicates that tender was floated for purchasing brake equipments for Southern Railway and in the course of purchase order and payment, it is alleged that the petitioner herein has accepted bribe of Rs.30,000.00 from the supplier (A2) and that money was deposited in the account of approver as per the direction of A1. In the course of investigation, the house of the petitioner was searched. Several incriminating materials were collected including key No.80 of locker No.14 in Co-operative Urban Bank Ltd., Stuartpet Branch, Arakonam. On permission of the Court, inventory for the materials kept in the locker was taken by the Investigating Officer and thereafter, the bank authorities was requested to freeze the operation of locker No.14 in the name of the petitioner herein. In the locker, the following eight items of gold ornaments were found along with one fixed deposit receipt No.5430. <IMG>JUDGEMENT_137_LAWS(MAD)9_2023_1.jpg</IMG>

(2.) In the Final Report, there is no whisper about the jewels or FDR found in the locker, which has now been freezed on the direction of the Investigating Officer.

(3.) The petitioner had taken out the application under Ss. 451 and 457 of Cr.P.C for return of the custody of the jewels kept in the locker, after defreezing the locker. The request has emanated from the petitioner on the eve of his daughter's marriage. The trial Court, after considering the application of the petitioner and the counter filed by the CBI and after recording the disclaim in the additional counter filed by the respondent, held that except RC 26(A)/2014 in C.C.No.17 of 2015, which is for the offence under Sec. 120B of IPC r/w Ss. 7,12,13 (2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, there is no other case pending investigation against the petitioner and the jewels found in the locker No.14, which stands in the name of the petitioner herein in the Co-operative Urban Bank Limited, Arakonam, is no way connected with the prosecution case in C.C.No.17 of 2015. After observing so, the trial Court allowed the petition permitting defreezing of the locker on the following conditions:-