IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 23.08.2024 Pronounced on: 05.09.2024 Coram:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.A.No.545 of 2021

1.Tmt.Indira Kumari. (died) .... 1^st Appellant/Accused No.1 2. Tr.A.Babu. .... 2^nd Appellant/Accused No.4 /versus/

State Rep. by, The Deputy Superintendent of Police, Crime Branch CID, Metro Wing, Chennai – 600 002. .... Respondent/Complainant Prayer: Criminal Appeal has been filed under Section 374 (ii) of Cr.P.C., to call for the records and set aside the judgment and sentence dated 29.09.2021 imposed in C.C.No.12 of 2019 on the file of the Learned Assistant Sessions Judge, Additional Special Court for Trial of Criminal Cases relating to Elected MP's and MLA's Singaravelan Maaligai, Chennai – 1.

For Appellants : Mr.V.Karthik, Senior Counsel, for Mr.S.Karthikeyan.

For Respondent : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side).

J U D G M E N T

The Criminal Appeal is directed against the judgment in C.C.No.12/2019 (on the file of Learned Additional Special Court for Trial of Criminal Cases relating to Elected M.P’s and M.L.A’s, Singaravelar Maaligai, Chennai) dated 29/09/2021, by A-1 (Indirakumari-, Former M.L.A and Minister for Social Welfare and Nutritious Meals Scheme) and A-4 (A.Babu – the husband of A-1).

2. Before the trial Court, along with Indirakumari (A-1), Tr.Kirubakaran (A2 - Secretary to the Government, Social Welfare and Nutritious Meals Scheme), Dr.P.Shanmugam (A3 - Director of Rehabilitation of the Disabled), A.Babu, (A4 - the husband of A-1) and Mr.R.Venkatakrishnan (A5-Junior P.A to A-1) were arrayed as an accused for criminal conspiracy and pursuant to the criminal conspiracy, A-1 to A-3 and A-5 being public servant, for committed criminal breach of trust, by abusing their official position, aid and abetted to obtain pecuniary advantage of Rs.15,45,000/- illegally for the Trusts in the name of M/s.Mercy Mother India Charitable Trust and M/s.Bharani Swathi Educational Trust, both floated by A-1, declaring her mother Lakshmiammal as the Founder, her husband Babu (A4 - the second appellant herein) as its Managing Trustee and few others close associates to her as its Trustees.

3. The specific case of the prosecution is that, during the Assembly General Election 1991 A-1 was elected as a Member of the Legislative Assembly, Natrampalli Constituency on behalf of the AIADMK party. She was the Minister for Social Welfare and Nutritious Meals Scheme from 24/06/1991 to 09/05/1996. A-1 registered two trusts, i) M/s.Mercy Mother India Charitable Trust and ii) M/s.Bharani Swathi Educational Trust, showing her mother Tmt.

Lakshmiammal as its founder.

4. M/s.Mercy Mother India Charitable Trust founded by Lakshmiammal, the mother of A-1. The Trust deed (Document No:924/1992) was registered at SRO, Virugambakkam, Chennai on 16/11/1992. In the said Trust, Indirakumari (A-1), her husband Babu (A-4), Tmt.Sakthi W/o.Kirubakaran (A-2, the Secretary to Government, Social Welfare and Nutritious Meals Scheme), S.Jeevarathinam (the driver of A-1) and Venkatakrishnan (A-5- Junior PA of A-1) were the Trustees. A.Babu, the husband of A1 was appointed as Lifetime Managing Trustee vested with all powers and functions of the said Trust. M/s.Bharani Swathi Educational Trust was also founded by Tmt.Lakshmiammal the mother of A-1. The Trust deed (document No: 1282/1992) was registered at the Sub Registrar Office, Adayar, Chennai on 23/11/1992. In this Trust, Indirakumari (A-1), A.Babu (A-4) and S.Jeevarathinam were the trustees. In this trust also, Mr.Babu, the husband of A1 was appointed as Lifetime Managing Trustee vested with all powers and functions. By a rectification deeds dated 25/11/1992, A-1 Indirakumari was relieved from both the Trusts. In her place, Mr.P.Muniyandi was inducted as Trustee in M/s.Mercy Mother India Charitable Trust and Mr.Pazhamalai was inducted as a Trustee in M/s.Bharani Swathi Educational Trust.

5. In the Standing Finance Committee (SFC) meeting held on

22/01/199