ORDER preliminary enquiry conducted, final opportunity notice dated 02.05.2023 issued seeking reply, no reply received, hence, FIR in Crime No.05/AC/2023/CC-V registered for offence under Sections 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988 and Section 109 of IPC against the said accused for possession of disproportionate assets to the known sources of income by A1 in his name and in the name of his family members A2 to A6 during the check period from 01.04.2012 to 31.03.2016 to the tune of Rs.3,89,21,626/- which calculated to be 354.66% over and above the known sources of income of A1 and his family members. During investigation, it revealed that A2 is a housewife and, has no independent source of income except rental income. A3/petitioner and A4, father and mother of A1 are farmers having no independent source of income except agriculture income. A5 and A6, father-in-law & mother-in-law have no independent source of income except some rental income.

3.A search was conducted in the house of A3, Locker Key No.1331 seized, on enquiry, it revealed that A3 was having a locker in Account No.061501000000002 (Locker No.1291 & Locker Key No.1331) at Indian Overseas Bank, Vellankoil Branch, Erode, thereafter, inventory taken, valued and the operation of the Locker No.1291 curtailed. Thereafter, petitioner filed a petition under Section 451 Cr.P.C before the trial Court in Crl.M.P.No.23 of 2024 in Crime No.5/AC/2023/CC-IV and the same was dismissed by the impugned order.

4.The learned Senior Counsel appearing for the petitioner submitted that the petitioner arrayed as A3 in the FIR. The admitted position is that the petitioner had agriculture and rental income and he is a man with resources and it is also recorded the petitioner has got no independent source of income. The petitioner has been in ownership and possession of a large extent of immovable properties inherited from his father even prior to birth of his son/A1 in this case. Pursuant to registration of FIR, search conducted by the respondent on 12.10.2023 in the petitioner's house, during that time, a Locker Key No.1331 pertaining to Locker No.1291 and Account No.061501000000002 maintained in Indian Overseas Bank, Vellankoil Branch, Erode seized. In the Locker No.1291, temples jewels are kept in safe custody. On 23.11.2023, the Locker No.1291 opened, inventory prepared in respect of temple jewels. In the inventory list, temple jewels found in Locker No.1291 recorded. On 11.12.2023, a letter was addressed to the public servant/A1 to furnish explanation for temple jewels found in the Locker No.1291. A1 gave explanation to the respondent on 13.12.2023 for the temple jewels found in the said locker confirms that the jewels kept in the locker all belong to the temple which is also confirmed by the temple authorities and villagers. The Hereditary Trustees of Arulmigu Makaliamman Temple and Arulmigu Kariyakaliamman Temple entrusted the temple jewels for the safe custody to the petitioner since the petitioner is a pious, religious and respectable person, confident reposed in him, hence, jewels of the temple were handed over in the year 1988, at that time, A1 was only a minor boy.

5.The learned Senior Counsel further submitted that the Appraisal Report of the Hindu Religious and Charitable Endowments Department in Report No.43/88, dated 30.11.1988 confirmed jewels belong to the temple and it is there even prior to 1988. Subsequently on 09.12.2022, second appraisal of the temple jewels made which further confirms the jewels found in the Locker No.1291 belongs to the temple. He further submitted that the temple is a listed temple, having a Calender of temple rituals and functions. Now due to the detention of Locker Key No.1331 and prohibitory order issued in operating the locker, causes great prejudice and ill-feeling among the devotees for not adorning the deity with the jewels during the rituals and during special occasions. The petitioner is aged about 90 years and is now