A public servant and abettors can be tried together for possession of disproportionate assets without a satisfactory account of their sources, under the Prevention of Corruption Act, 1988.

COMMON ORDER

These Criminal Revision Cases have been filed by the State to set aside the order of discharge passed by the Special Judge cum Chief Judicial Magistrate Court, Vellore in Cr.M.P.Nos.1674/2006 to 1678/2006 in Special Case No.1 of 2004, dated 23.02.2007.

Gist of the prosecution case:

2 Petitioner in Crl.RC.No.265 of 2013 namely D.Durai Murugan/A1 was the Minister of Public Works and Forest Department, Government of Tamil Nadu during the period between 13.05.1996 and 14.05.2001. He is a member of the Tamil Nadu Legislative Assembly elected from Katpadi Constituency from 15.05.2001 and he is a 'public servant' within the meaning of Section 2 (C) of the Prevention of Corruption Act, 1988 (herein after referred to as "P.C. Act") from 13.05.1996.

2.1 Petitioner in Crl.RC.No.266 of 2013 namely D.Santhakumari/A2 is the wife of the Public Servant. Petitioner in Crl.RC.No.267 of 2013 namelyl Kadir Anand/A3 is the son of the Public Servant. Petitioner in Crl.RC.No.268 of 2013 namely K.Sangeetha/A4 is the wife of A3. Petitioner in Crl.RC.No.269 of 2013 namely Durai Sinigaram/A5 is the brother of the Public Servant and he is a retired employee of a private company.

2.2 On the basis of information that A1/D.Durai Murugan during his tenure as a Minister for Public Works and Forest Department and as a Member of the Tamil Nadu Legislative Assembly, during the period between 1996-2001 had acquired and was in possession of pecuniary resources and properties in his name and in the names of his wife, son, daughter-in-law, brother and five others on his behalf as benamies, which were found disproportionate to his known sources of income, a case in Crime No.9 of 2002 was registered at Vellore Vigilance and Anti-Corruption Detachment on 11.10.2002 against D.Durai Murugan and his wife, son, daughter-in-law, brother and one B.G.Raghupaty, A.P. Nandhakumar, S.Narayanan, V.Radhagovindan and R.G.Dharmaraj for the offence under Sections 109 , 471, 477-A read with 34 & 201 IPC read with 13(2) read with 13(1)(d) and 13(1) (e) of P.C. Act and duly investigated.

2.3 A1-D.Durai Murugan is a native of Kankuppam Village, Katpadi Taluk in Vellore District. He belongs to a middle class agriculturist family. His father Duraisamy Gounder was an agriculturist owning 3.99 acres of land at Kankuppam Village and 1.97 acres of land at Murugampattu Village besides as ancestral house measuring 800 sq.ft. His parents are no more now. A1 has two brothers and one sister. Durai Mahalingam is his eldest brother staying at his native place looking after agriculture. Durai Singaram/A5 is the younger brother of A1 and retired employee from a private Cement Company at Chennai. A1, after completing his education with Bachelor degree in law, joined D.M.K. Party and was elected to Tamil Nadu Legislative Assembly from Katpadi Assembly Constituency and held the post of M.L.A. During 1971-76, 1977-80 and 1980-84 and is presently a Member of Tamil Nadu Legislative Assembly. He held the post of Minister for Public Works and Forest Department during 1989-91 and 1996-2001. He married A2, daughter of V.K.Elumalai, who was also an agriculturist and belonged to Kothakottai Village in Vaniyambadi Taluk. A1 and A2 have one son born on 19.01.1975. A2/wife of A1 is a housewife and has never been in any employment. A3/son of A1 completed his education by getting M.B.A. Degree from Baldwin University at Ohio in United States of America during the year 1997-98. A3 married A4 on 25.05.2000. A4 is a housewife and has never been in any employment.

2.4 During the year 1993, A1 started a business under the name and style of M/s.Rajama Exports at Kotturpuram, Chennai, and later shifted to Keelakottaiyur Village in Chengalpet Taluk in a newly constructed factory premises in the year 2001, dealing in export of spices and A2/wife of A1 was shown as Sole Proprietrix of M/s.Rajama Exports and thereby held properties and pecuniary resources in the name of M/s.Rajama Exports. A1/D.Durai Murugan is found to be