This memorandum of Criminal Revision is directed under Sections 397 r/w. 401 of Cr.P.C., as against the order dated 22.12.2016 and made in Crl.M.P.No.2383 of 2016 on the file of the learned Special Judge(Under Prevention of Corruption Act), Chennai.

2. Heard Mr. AR.L.Sundaresan, learned Senior Counsel for the petitioner and Mr. E.Raja, learned Additional Public Prosecutor, (V&A.C.) for the respondent.

3. The petitioner herein is the wife of one Mr.K.Jayaraman, Former Chief Engineer, Highways Department, Chepauk, Chennai, against whom a case in Crime No. 2/AC/2016/CC-II has been registered on the file of the respondent/Police alleging that he had committed an offence punishable under Sections 13(2) r/w. 13(1)(e) and 13(1)(d) of Prevention of Corruption Act, 1988.

4. The above said case seems to have been registered against the said K.Jayaraman on 14.11.2016. Apparently the case is now under investigation.

5. It is significant to note here that no case is registered against the petitioner.

6. It is manifested from the records that one Mr.V.Chandran, General Secretary, Anti-Corruption movement, Chennai had filed a complaint before the respondent Police on 01.01.2016 as against the petitioner's husband K.Jayaraman alleging that he had amassed wealth which is in excess to his known sources of income. When the complaint was under scrutiny, the informer Mr. V.R. Chandran had filed a petition before this Court in Crl.O.P.No.1512 of 2016 seeking a direction as against the respondent Police to register a case as against K.Jayaraman (husband of the petitioner). This Court had directed the respondent Police to file a status report. In compliance to the order of this Court, the respondent Police had filed a status report before this Court, after conducting a preliminary enquiry in PE No.179/2016/HD/CS-III. Thereafter, the above said petition in Crl.O.P.No.1512 of 2016 was disposed of with a direction to the respondent Police to register a case as against the petitioner's husband K.Jayaraman, provided any prima-facie case is made out against him and accordingly, the said petition was closed on 19.08.2016.

7. According to the respondent, the preliminary enquiry revealed the commission of cognizable offence under the provisions of Prevention of Corruption Act and therefore, the respondent Police happened to register a case in Cr.No.2/AC/2016/CC-II under Section 13(2) r/w. 13(1)(d) and 13(1)(e) of Prevention of Corruption Act on 14.11.2016.

8. It is to be noted that the petitioner's husband K.Jayaraman was functioning as Chief Engineer, Construction and Maintenance Wing, Highways Department, Chennai (now retired).

9. That on 15.11.2016, during the course of investigation, the investigating officer had conducted a search at the residence of the petitioner at Flat No.B-31, Old No.16, 1st Floor, Krishnam Apartment, P.T. Rajan Salai, K.K. Nagar, Chennai. While so, a sum of Rs.26,68,000/- was seized in cash and 88 documents were also seized. Besides this, the respondent Police had searched the bank locker on 24.11.2016 at Central Co-operative Bank, Salem, jointly operated by the petitioner herein and her husband Mr.K.Jayaraman. While so, 263 gms of gold jeweleries were found. The said locker was locked and sealed and the key was produced before the trial court.

10. On the same day, i.e., on 24.11.2016 another locker maintained by the petitioner and her daughter at Indian Bank, Fairland Branch, Salem jointly was searched in the presence of the petitioner and her husband as well as in the presence of Bank Officials. While so, 1328.300 gms of gold jewels were found in the above said locker and subsequently, it was placed in the same locker and locked. The seized keys were produced before the Trial Court.

11. Under this circumstance, the petitioner had approached the trial court with a petition in Crl.M.P.No.2383 of 2016 under Section 451 of the Code of Criminal Procedure to return the properties as detailed hereunder:-

(a) Rs.26,68,000/- cash seized from