Killivalavan Vs the State Rep by — Corruption | Madras HC (2025)

Killivalavan Vs the State Rep by — Corruption | Madras HC (2025)

What the court decided

AI extract

Outcome

None on the prayer for return of bank locker keys; the revision is dismissed. Directions issued: petitioner to appear before the respondent and give his explanation to establish his own right over the properties; respondent to consider the claim, take an appropriate decision after the detailed enquiry, and inform the petitioner.

Issue for consideration

Whether the petitioner is entitled, at this stage of the pending detailed enquiry into disproportionate assets of his wife (A1) in Crime No.1 of 2024, to return of his Canara Bank locker keys detained with the trial Court in C.P.No.4 of 2024 so as to operate the locker.

Court's answer

The High Court is not inclined to entertain the petition for return of the bank locker keys at this stage, since the detailed enquiry is in progress and valuation of the gold jewels and silver articles has not been completed; the Criminal Revision Case is accordingly dismissed.

Ratio / Principle

Only on conclusion of the detailed enquiry can it be decided whether retention of the articles is required or not.

Key takeaways

The petitioner is to appear before the respondent and give his explanation to prove that he holds the properties on his own right; the respondent is to consider his claim, take an appropriate decision thereafter, and inform the petitioner.ratio¶67-69

Detailed headnote1 paragraphs

Criminal Revision under Section 438 BNSS against dismissal of Crl.M.P.No.116 of 2024 by the Special Court for PC Act Cases, Villupuram (order dated 27.11.2024), whereby the petitioner sought return of his Canara Bank locker key (Account No.1269101013622) seized on 13.08.2024 during house search in Crime No.1 of 2024 (Section 7 PC (Amendment) Act, 2018 r/w 102 Cr.P.C.) against his wife, a Sub-Registrar, and others. Held: with the detailed enquiry (registered 10.12.2024, check period 01.01.2019–25.05.2024) in progress — 16 witnesses examined, 21 documents collected — and valuation of 1008.100 gms gold jewels and 2786.400 gms silver articles incomplete, whether retention of the articles is required can be decided only on conclusion of the enquiry; the petition is premature. Revision dismissed; locker keys to remain before the trial Court in C.P.No.4 of 2024; petitioner liberty to appear before the respondent with his explanation, and respondent to consider his claim, take an appropriate decision and inform him.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dismissing Crl.M.P.No.116 of 2024 (petitioner's application for return of his bank locker keys), challenged in this Criminal Revision Petition.¶12
Special Court for Prevention of Corruption Act Cases at Villupuram District · 27.11.2024
Prior proceeding
Surprise check on 20.05.2024 in the office of A1 Thaiyalnayagi (Sub-Registrar, Joint Registrar Office-II, Villupuram) by the District Inspection Cell; unaccounted cash of Rs.1,80,040/- found and seized.¶23-24
Prior proceeding
FIR registered in Crime No.1 of 2024 under Section 7 of the Prevention of Corruption (Amendment) Act, 2018 r/w Section 102 Cr.P.C. against the petitioner's wife Thaiyalnayagi and seven others.¶25
Prior proceeding
House search conducted at the petitioner's residence on 21.05.2024; immovable property documents, FD receipts, R.C. Books, pass books, gold jewels and silver articles found and recorded in inventory.¶26
Prior proceeding
Bank locker key for Account No.1269101013622 of Canara Bank in the petitioner's name seized on 13.08.2024; on opening the locker, 1008.100 grams of gold jewels and 2786.400 grams of silver articles found and inventories taken.¶30
Prior proceeding
After informing the petitioner and his wife, the locker was opened on 13.08.2024 in the presence of the Bank Manager; contents inventoried; locker closed and operation restricted for investigation purposes.¶49
Prior proceeding
The locker key is lying before the trial Court in C.P.No.4 of 2024.¶50
Prior proceeding
Petitioner filed Crl.M.P.No.116 of 2024 before the trial Court seeking return of the bank locker keys detained in C.P.No.4 of 2024; the trial Court dismissed it, holding that handing over the locker key to operate the locker at that stage could not be entertained.¶35-36
Prior proceeding
Learned Government Advocate for the respondent filed a status report before the High Court detailing the investigation, seizure, detailed enquiry and assets.¶42
Prior proceeding
Detailed enquiry against Thaiyalnayagi registered on 10.12.2024 for the check period 01.01.2019 to 25.05.2024; 16 witnesses examined, 21 documents collected, valuation of gold and silver articles being collected; enquiry in progress.¶55