THE HON'BLE MR.JUSTICE S.BASKARAN Crl.A.No.62 of 2017
1. C.Sethupathy ..Appellant/ Petitioner/Accused-1
2. Lakshmi Devi .. Appellant/ Petitioner/Accused-2 Vs The State rep. By the Inspector of Police CBI/ACB/Chennai Crime No.RC 27 (A)/2010 ..Respondent/Complainant Criminal Appeal filed under Section 454 Cr.P.C., against the order passed in Crl.M.P.No.18 of 2016 dated 02.06.2016 in Spl.C.C.No.02/2011 on the file of Sessions Judge, Karaikal.
For Appellants : Mr.V.Krishnakumar For respondent: Mr.K.Srinivasan, Special Public Prosecutor ORDER The appellants herein were charged for offences under Section 13(2) r/w.13(1)(e) of the Prevention of Corruption Act, 1988 and under Section 109 IPC r/w.13 (2) r/w. 13(1)(e) of the Prevention of Corruption Act, 1988. Both the appellants were acquitted by the trial court in C.C.No.2/2011 by judgment dated 28.01.2015.
2. According to the appellants, during investigation, the respondent freezed their following accounts:-
a) Karur Vysya Bank, Karaikal, Account No.124015500000615, amount of Rs.15,932/-
b) Indian Bank, Chennai, Account No.758742032, amount of Rs.45,000/-.
c) The Union Bank of India, Nagapattinam, Account No.453401010024037, amount of Rs.70,449/-.
It is also brought to the attention of this court that the appellants herein filed Crl.M.P.No.18/2016 in Spl.C.C.No.02/2011 before the Sessions Court, Karaikal, praying to defreeze the above stated account numbers, however, the court above mentioned dismissed the petition by order dated 02.06.2016, observing that the matter has been seized by High Court, Madras.
3. It is seen that the order impugned herein is a non-speaking order without a discussion on a background thereof. Further, it is seen that Criminal Appeal No.744 of 2015 is stated to be pending before this court on appeal against acquittal order of the appellants herein in C.C.No.2 of 2011.
4. Be that as it may. Today, when the matter is taken up for hearing, Mr.K.Srinivasan, learned Special Public Prosecutor, appearing for the respondent submits that the State has no serious objection to defreeze the accounts of the appellants herein, pending criminal appeal against acquittal.
5. The learned counsel for the appellants also filed a memo stating that the appellants undertake to deposit the above said amounts, if need be, after the outcome of the appeal against acquittal filed by the State/CBI.
6. Taking into consideration the facts and circumstances of the case and the statement of the learned Special Public Prosecutor and the memo filed by the counsel for appellants, this court is inclined to order for defreeze the account numbers of the petitioners/appellants herein.
S.BASKARAN,J.
nvsri
7. In the result, this Criminal Appeal is allowed. The accounts mentioned in the affidavit filed in support of the above appeal shall be defreezed within 2 weeks from the date of receipt of a copy of this order. The appellants are directed to comply with the formalities specified by the Banks concerned as well as the State/CBI, at the time of such defreezing.
This criminal appeal is ordered on the above terms.
nvsri Note:Issue order copy on 13.02.2017.
S.BASKARAN, J.
Crl.A.No.62 of 2017 08.02.2017 Today, when the matter is listed, the learned counsel for the petitioners filed a memo and submitted that the Account Number was wrongly mentioned in the affidavit filed in support of the Criminal Appeal and prayed this court to take into consideration the memo filed in this behalf and amend the order dated 08.02.2017 with correct account numbers as given in the memo filed on 04 03.2017.
2. I have gone through the memo and heard the submissions of counsel appearing on both sides.
3. The memo reads as under:-
“The order of defreezing the account maintained by the appellants in Karur Vysya Bank Karaikal-Account No.1240155000006155. While typing the account number was wrongly mentioned as 124015500000615. The above correction needs to be corrected. Hence the appellants bring to the notice of the court the typograhical error. The same may be rectified.”
4. Accordingly, in the order dated 08.02.2017, in paragraph No.2 (a), the following amendment is carried out.
(a)Karur Vysya Bank, Karaikal, Account No.1240155000006155, amount of Rs.15,932/-.
5. Registry is directed to issue corrected order copy to the parties concerned.
05.04.2017 nvsri/kmi To
1. The Inspector of Police CBI/ACB/Chennai Crime No.RC 27 (A)/2010
2. The Sessions Judge, Karaikal.
S.BASKARAN, J.
nvsri Crl.A.No.62 of 2017 05.04.2017 http://www.judis.nic.in