Madras High CourtCRL OP/999/2024disposed of

Padmavathi v. State Rep.By

2024-01-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Padmavathi W/o.Vasu ... Petitioner Vs.

State represented by The Inspector of Police, F3-Aarambakkam Police Station, Thiruvallur.

C.C.No.385 of 2023 ... Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to set aside the order passed by Principal Special Court under EC & NDPS Act in Crl.M.P.No.3827 of 2023 dated 01.08.2023.

For Petitioner : Mr.K.Thenrajan For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This petition has been filed for a direction to the respondent to defreeze the bank account of the petitioner maintained before the City Union Bank, Elayur Branch.

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2. Heard Mr.K.Thenrajan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent.

3. The bank account of the petitioner was freezed in the course of investigation in Crime No.46 of 2022.

4. Learned Additional Public Prosecutor submitted that the bank account of the petitioner was freezed on 14.06.2023, whereas, it was not intimated immediately to the jurisdictional Magistrate.

5. Considering the above submissions made by learned Additional Public Prosecutor, it is quite clear that the mandate u/s.102 Cr.P.C. has not been followed. Hence, the freezing of the bank account of the petitioner becomes illegal. Therefore, there shall be a direction to the respondent police to defreeze the bank account. If the respondent police wants to freeze the bank account during the course of investigation, they have to necessarily comply with the mandate u/s.102 Cr.P.C. 2/4

This Criminal Original Petition is disposed of in the above terms. 22.01.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Principal Special Court under EC & NDPS Act, Chennai.

2.The Inspector of Police, F3-Aarambakkam Police Station, Thiruvallur.

3.The Public Prosecutor, High Court Madras.

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N.ANAND VENKATESH, J.

gm 22.01.2024 4/4