ORDER enquiry vide Memorandum No.PE 92/2021/EDN/HQ dated 06.10.2021. Accordingly, 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 the petitioners, Locker Key No.1290 seized, on enquiry, it revealed that the petitioners were having a joint locker facility in Account No.061501000000115 (Locker No.1340 & Locker Key No.1290) at Indian Overseas Bank, Vellankoil Branch, Erode, thereafter, inventory taken, valued and the operation of the Locker No.1340 curtailed. Thereafter, the petitioner filed a petition under Section 451 Cr.P.C before the trial Court in Crl.M.P.No.24 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 petitioners submitted st that the 1 petitioner is a pawn broker since 1968 onwards holding pawn broker license No.11/68. The jewels and valuable articles pledged by pawnees st are kept in the Locker No.1340 for safe custody by the 1 petitioner. The respondent on 23.11.2023 on obtaining search warrant opened the Locker No.1340 with Locker Key No.1290 in presence of the petitioners (A3 & A4), A2, Bank Manager and Appraiser of Indian Overseas Bank, Mr.Vivekanandan, Vigilance and Anti Corruption, Erode and Mr.T.Senthilkumar, Clerk, HR & CE and took inventory of articles found in the locker. In the inventory, it is recorded that gold jewels strapped with pawn chit confirming the jewels are pawned jewels by the pawnees with the description of jewel, weight and st pawned amount. The 1 petitioner furnished explanation to the respondent on

13.12.2023 for pledged jewels found in the Locker No.1340. Some of the st pawnees examined all confirmed 1 petitioner is the pawn broker doing business from the year 1968 onwards. In fact the pawn license obtained in the 1968 even before the birth of A1 who later became a public servant. The respondent is making witch-hunt under the guise of investigation harassing the petitioners who are aged about 90 years and 84 years respectively. In fact, st Tahsildar enquired confirmed the 1 petitioner is a licensed pawn broker with license No.11/68 and his license periodically renewed. In support of his submissions, the learned Senior Counsel produced the license renewed by the Tahsildar, Gobichettipalayam periodically up to 2021, thereafter, due to COVID-19 pandemic, there was a break in renewal and, further the petitioners are in advanced stage of life and having a fragile health condition with restricted movements, almost resiled to their fate.

st

5.He further submitted that the pawnees approached the 1 petitioner to redeem the pledged jewels and valuables. Due to restriction imposed, the petitioners are unable to return the jewels to pawnees, hence, there is disgruntlement and the petitioners' image in the public gets tarnished for not returning the jewels for no fault of them. In support of his submissions, the petitioners produced Income Tax Returns, Pawn License, Investor List and prayed for allowing the revision.

6.The learned Additional Advocate General filed status r