TR. A. BABU versus STATE OF TAMIL NADU

Citation: [2025] 3 S.C.R. 926 · Decided: 18-03-2025 · Supreme Court of India · Bench: VIKRAM NATH, SANDEEP MEHTA
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Judgment (excerpt)

[2025] 3 S.C.R. 926 : 2025 INSC 799
Tr. A. Babu 
v. 
State of Tamil Nadu
(Criminal Appeal No. 1413 of 2025)
18 March 2025
[Vikram Nath and Sandeep Mehta, JJ.]
Issue for Consideration
Matter pertains to the quantum of sentence imposed on the appellant 
and his release on bail on deposit of enhanced amount of fine.
Headnotes†
Sentence/sentencing – Suspension of sentence – Payment 
of enhanced fine – Grant of bail – Wife of the appellant was 
the Minister for Social Welfare and Nutritious Meals Scheme, 
who registered two trusts, wherein the appellant and his 
mother-in-law were appointed as trustees – Appellant, his 
wife, and the other co-accused misappropriated grant-in-aid 
funds for their own benefits, which were meant to be used for 
institutions for specially-abled children – Trial court convicted 
and sentenced them – Appellant and his wife filed appeal 
before the High Court – Appeal of the co-accused wife stood 
abated on her death – High Court rejected the appeal of the 
appellant – Challenge to:
Held: Findings of the trial court and the appellate court regarding 
the charges of criminal misconduct and criminal breach of trust 
and misappropriation attributed to co-accused wife have attained 
finality – Appellant, now about 68 years old, is repenting and 
in order to show his bona fides has volunteered to deposit an 
enhanced fine of Rs.5 crores which may be utilised for the benefit 
of the specially-abled children – In view thereof, the appellant to 
be released on bail subject to terms and conditions – Appellant 
to file an undertaking that he would deposit the balance amount 
of enhanced fine with the Registry of the Supreme Court and on 
failure to do so, the bail would be cancelled automatically – Entire 
amount of Rs.5 crores to be transmitted to the account of the 
State Legal Services Authority to be invested in an interest-bearing 
fixed deposit account in a Nationalised bank – Juvenile Justice 
[2025] 3 S.C.R. 
927
Tr. A. Babu v. State of Tamil Nadu
Committee of the High Court of Tamil Nadu to utilise the interest 
generated from this amount for the benefit of the Government 
established/operated childcare institutions in the State – Prevention 
of Corruption Act, 1988. [Paras 9, 10, 14-17 ]
List of Acts
Prevention of Corruption Act, 1988; Juvenile Justice Act, 2015.
List of Keywords
Bail; Suspension of sentence; Enhanced fine; Misappropriation of 
grant-in-aid funds; Minister for Social Welfare and Nutritious Meals 
Scheme; Mercy Mother India Charitable Trust; Bharani Swathi 
Educational Trust; Quantum of sentence; Release on bail on deposit 
of enhanced amount of fine; Institutions for specially-abled children; 
Criminal misconduct; Criminal breach of trust; Misappropriation; 
Benefit of the specially-abled children; Invested in interest-bearing 
fixed deposit account in a Nationalised bank; Juvenile Justice 
Committee of the High Court of Tamil Nadu; Childcare institutions.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
1413 of 2025
From the Judgment and Order dated 05.09.2024 of the High Court 
of Judicature at Madras in CRLA No. 545 of 2021
Appearances for Parties
Advs. for the Appellant:
S. Nagamuthu, Sr. Adv., P. Krishnan, Ms. Harsha Tripathi, Balaji 
Srinivasan.
Adv. for the Respondent:
Sabarish Subramanian.
Judgment / Order of the Supreme Court
Order
1.	
Heard.
2.	
Leave granted.
928
[2025] 3 S.C.R.
Supreme Court Reports
3.	
The appellant1 (A-4) and the co-accused persons2 faced trial before 
the Ld. ASJ, Additional Special Court3 for the criminal cases relating 
to elected MPs and MLAs, Chennai. They were charged for criminal 
misconduct under the Prevention of Corruption Act, 1988,4 criminal 
breach of trust and misappropriation of grant-in-aid funds amounting 
to Rs.15,45,000/-. These grants were made for running schools for 
the welfare of ‘Severely Orthopedically Handicapped Children’ and 
‘Deaf’ children. A-2 died during pendency of the trial and thus, the trial 
against him stood abated. Vide judgment dated 29th September, 2001, 
the trial Court acquitted A-5 and convicted appellant (A-4) and other 
co-accused persons(A-1) and (A-3) and sentenced them as below.:-
Accused(s)
Sections
Sentence
Appellant/Accused-4
Section 120(B)read 
with Section 409 
IPC read with 13(2) 
read with 13(1)(d) 
of the PC Act
and
Section 109 read 
with Section 409 
IPC
and
Section 109 IPC 
read with Section 
13(2) read with 
Section 13(1)(d) of 
the PC Act
Sentenced 
to undergo 5
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