Crl.R.C.No.1620 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM

DATED :27.09.2023

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

Crl.R.C.No.1620 of 2023

V.Venkatesan

.. Petitioner/1^st accused

/versus/

1.State rep.by

Inspector of Police,

CBI/SPE/ACB, Chennai,

R.C.No.26(A)/2014

..1^st Respondent/

Complainant

2.The Assistant Manager,

Arakonam Co-operative Urban Bank ltd.,

Stuartpet Branch, Arakonam.

.. 2^nd Respondent/

2^nd Respondent

Criminal Revision Case has been filed under Section 397 r/w 401 of

Cr.P.C., to set aside the conditions imposed in Crl.M.P.No.4959 of 2023 in

C.C.No.17 of 2015 dated 16.06.2023 against the petitioner pending on the file

of the learned Principal Special Judge for CBI Cases, VIII Additional City Civil

Court, Chennai.

For Petitioner

:Mrs.G.Ramadhevi

For Respondents

:Mr.K.Srinivasan, Spl.PP for CBI

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Crl.R.C.No.1620 of 2023

O R D E R

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/- 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.

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Crl.R.C.No.1620 of 2023

1

Gold Bangles

2 Nos.23.660 grams

2

Gold stoned bangles

2 Nos. 23.300 grams

3

One Gold Bracelet

19.300 grams

4

One Gold Stone Dollar Chain 42.600 grams

5

One Gold becklace

17.600 grams

6

One pair stone gold

8.500 grams

7

Four Pairs gold stoned

kammal with jimiki

28.100 grams

8

Four pairs gold kammal

13.000 grams

Total

176.060 grams

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 Sections 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 Section 120B

of IPC r/w Sections 7,12,13 (2) r/w 13(1)(d) of Prevention of Corruption Act,

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Crl.R.C.No.1620 of 2023

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:-

(1)The 1^st respondent is hereby directed to take necessary steps to

defreeze the locker No.