N. Anand Venkatesh, J. - (1.) These Criminal Original Petitions have been filed challenging the proceedings pending before the Court below against the accused persons in C.C.No.12 of 2017.
(2.) Case of the prosecution is that, the 3rd Accused Dayanidhi Maran, while he was the Minister for Communication and Information Technology (MOC&IT) in the Government of India during 2004 to 2007 abused and misused his office in connivance with the other accused A-1 [Brahamadathan], A-2 [M.P.Velusamy] (both were Senior Officials of BSNL (Chief General Manager), A-4 [V. Vedagiri Gowtham], Private Secretary, A-5 [K.S.Ravi] Electrician and A-6 [S.Kannan] CTO, SUN TV, and his brother A-7 [Kalanithi Maran] CMD of SUN TV and had obtained pecuniary advantage and caused the exchequer a loss of Rs.1.78 crores by installing a private telephone exchange at his residences in Boat Club and Gopalapuram at Chennai, Tamil Nadu, which he used for business transactions involving the Sun Network. More than 700 high-end Telecom lines, having PRA/BRA/ISDN/leased-line, were installed at the third accused residences in the Boat Club area and Gopalapuram area of the Chennai City. They were installed under the service category and bills were not raised for its utilisation. Besides, illegal installation of Landlines with ISDN facilities, on the instruction of the 3rd accused, additional SIM cards for use of mobile phones with fancy numbers were blocked for SUN TV and distributed to private individuals connected with SUN TV Network. The facilities given to A-3 was excessive, without authority and not in consonance to the Rules and entitlement of Minister or Member of Parliament. Records were fabricated and used as genuine to cover up the misdeed. Based on fabricated documents, accounts were falsified to show as if there are no outstanding dues from A-3.
(3.) Based on the above facts and the materials collected in the course of investigation, a final report came to be filed against the above said accused persons for an offence u/s 120B r/w 409, 467, 471, 477-A IPC and Section 13(2) r/w 13(1)(c) (d) of the Prevention of Corruption Act, 1988 and Substantive Offences thereof.;