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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.22-23 OF 2014

(@SPECIAL LEAVE PETITION(CRL.)NOs.3810-3811 of 2012)

STATE OF TAMILNADU BY INS.OF POLICE

VIGILANCE AND ANTI CORRUPTION

… APPELLANT

VERSUS

N.SURESH RAJAN & ORS.

…RESPONDENTS

With

CRIMINAL APPEAL NO.26-38 OF 2014

(@SPECIAL LEAVE PETITION(CRL.)NOs. 134-146 of 2013)

STATE REP. BY DEPUTY SUPDT. OF POLICE

VIGILANCE AND ANTI CORRUPTION

… APPELLANT

VERSUS

K.PONMUDI & ORS.

…RESPONDENTS

J U D G M E N T

CHANDRAMAULI KR. PRASAD, J.

CRIMINAL APPEAL NO.22-23 OF 2014 (@SPECIAL

LEAVE PETITION(CRL.)Nos.3810-3811 of 2012)

The State of Tamil Nadu aggrieved by the

order dated 10^th of December, 2010 passed by the

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Madras High Court in Criminal R.C.No.528 of 2009

and Criminal M.P.(MD) No.1 of 2009, setting aside

the order dated 25^th of September, 2009 passed by

the learned Chief Judicial Magistrate-cum-Special

Judge, Nagercoil (hereinafter referred to as ‘the

Special Judge’), whereby he refused to discharge

the respondents, has preferred these special

leave petitions.

Leave granted.

Short facts giving rise to the present

appeals are that Respondent No. 1, N. Suresh

Rajan, during the period from 13.05.1996 to

14.05.2001, was a Member of the Tamil Nadu

Legislative Assembly as also a State Minister of

Tourism. Respondent No. 2, K. Neelkanda Pillai

is his father and Respondent No. 3, R.Rajam, his

mother. On the basis of an information that N.

Suresh Rajan, during his tenure as the Minister

of Tourism, had acquired and was in possession of

pecuniary resources and properties in his name

and in the names of his father and mother,

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JUDGMENT

disproportionate to his known sources of income,

Crime No. 7 of 2002 was registered at Kanyakumari

Vigilance and Anti Corruption Department on 14^th

of March, 2002 against the Minister N. Suresh

Rajan, his father, mother, elder sister and his

bother-in-law. During the course of the

investigation,

the

investigating

officer

collected and gathered informations with regard

to the property and pecuniary resources in

possession of N. Suresh Rajan during his tenure

as the Minister, in his name and in the name of

others. On computation of the income of the

Minister from his known sources and also

expenditure incurred by him, it was found that

the properties owned and possessed by him are

disproportionate to his known sources of income

to the tune of Rs. 23,77,950.94.

The

investigating officer not only examined the

accused Minister but also his father and mother

as also his sister and the brother-in-law.

Ultimately, the investigating agency came to the

conclusion that during the check period,

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Respondent No.1, N. Suresh Rajan has acquired and

was in possession of pecuniary resources and

properties in his name and in the names of his

father, K. Neelakanda Pillai (Respondent No. 2)

and mother R. Rajam (Respondent No. 3) and his

wife D.S. Bharathi for total value of Rs.

17,58,412.47. The investigating officer also came

to the conclusion that Minister’s father and

mother never had any independent source of income

commensurate with the property and pecuniary

resources found acquired in their names.

Accordingly, the investigating officer submitted

the charge-sheet dated 4^th of July, 2003 against

Respondent No.1, the Minister and his father

(Respondent No.2) and mother (Respondent No.3)

respectively, alleging commission of an offence

under Section 109 of the Indian Penal Code and

Section 13(2) read with Section 13(1)(e) of the

Prevention of Corruption Act. Respondents filed

application dated 5^th of December, 2003 under

Section 239 of the Code of Criminal Procedure,

1973 (hereinafter referred t