Supreme Court Grants Bail To Former AIDMK Minister's Husband Convicted In Corruption Case Upon Deposit Of Enhanced Fine Of ₹ 5 Crores
The Supreme Court noted that the Appellant by way of repentance had volunteered to deposit the enhanced sum.
Justice Vikram Nath, Justice Sandeep Mehta, Supreme Court
The Supreme Court granted bail to the husband of former state Minister of AIDMK, late Indirakumari, in a case where both the husband and wife were convicted for misappropriating grant-in-aid funds for the welfare of ‘Severely Orthopedically Handicapped Children’ and ‘Deaf’ children upon deposit of an enhanced fine of Rs. 5 crores. During the pendency of the appeal, Indirakumari passed away and her appeal abated.
The Appellant, who was convicted of criminal breach of trust and misappropriation of government funds under the Prevention of Corruption Act, 1988 (the Act) and Section 409 of the IPC, urged that while reducing the sentence, the fine amount may be enhanced, which may be directed to be utilised for the benefit of the specially-abled children.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta held, “The appellant is about 68 years of age as on date. The incident took place between the years 1990-1996 and the trial was drawn out over more than two decades. In the facts and circumstances noted above and considering the fact that the appellant by way of repentance has volunteered to deposit an enhanced fine of Rs. 5 crores, we hereby direct that the appellant shall be released on bail subject to such terms and conditions as may be imposed by the trial Court.”
Senior Advocate S. Nagamuthu represented the Appellant, while the AOR Sabarish Subramanian appeared for the Respondent.
Brief Facts
The Appellant, who was the Managing Trustee of Mercy Mother India Charitable Trust and Bharani Swathi Educational Trust, was found guilty of misappropriating funds without proper audit or inspection. The Trial Court convicted him along with his wife.
Court’s Reasoning
The Supreme Court noted, “We find that so far as the findings of the trial Court and the appellate Court regarding the charges of criminal misconduct and criminal breach of trust and misappropriation attributed to Indirakumari (A-1) are concerned, the same have attained finality because the appeal against conviction filed on behalf of the said accused has abated.”
The Bench noted that the Appellant had not challenged the conviction and submission was that he was repenting and in order to show his bona fides, was ready to pay an enhanced amount of fine which may be used for restoration/rehabilitation of children in need of care and protection/children in conflict with law as per the mandate of the Juvenile Justice Act, 2015.
The Court stated, “Having heard and considered the submissions raised at Bar and after going through the material available on record, while affirming the findings of guilt recorded by the Courts below qua the appellant, we deem it fit to entertain this appeal limited to the extent of quantum of sentence only.”
Consequently, the Court ordered, “Shri S. Nagamuthu prays that the accused appellant may be granted three months’ time to deposit the balance amount of Rs. 4 crores and 50 lakhs. Thus, it is directed that the appellant shall immediately and not later than two weeks from today, file an undertaking in this Court that he shall deposit the balance amount of Rs. 4 crores and 50 lakhs with the Registry of this Court on or before 18th June, 2025.”
Accordingly, the Supreme Court listed the matter on 14th July, 2025 for reporting compliance.
Cause Title: Tr. A Babu v. State of Tamil Nadu (Crl.A. No. 1413/2025)
Appearance:
Appellant: Senior Advocate S. Nagamuthu; AOR Balaji Srinivasan; Advocates P. Krishnan and Harsha Tripathi
Respondent: AOR Sabarish Subramanian