M.Narendra, Aged 62 Years v. Invesigating Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.07.2018
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C.No.588 of 2018 M.Narendra ... Petitioner Vs.
Investigating Officer, Central Bureau of Investigation, Anti Corruption Branch, Sastri Bhavan, Chennai-600006.
... Respondent Prayer:
Criminal Revision case filed under Section 397 and 401 of Cr.P.C. praying to set aside the order of the learned XI Additional Sessions Judge and Special Judge for CBI Cases, Chennai dated 31.01.2018 in Crl.Mp.No,3983 of 2017 in RCMA1 2014 A0004 and direct the respondent to raise the attachment on : S.No .
Account Number Name of Account Holder Name of the Bank SB/02/015215 (retired benefits including gratuity, fixed Deposits, pension Credits) M.Narendra Corporation Bank, 133, Mangalore-Pandeshwar, Mangaladevi Temple Road, Pandeshwar, P.B.No.42, Mangalore-575 001.
to permit the petitioner to operate the above account. For Petitioner : Mr.P.V.S.Giridhar for M/s. Giridhar and Sai For Respondent : Mr. K. Srinivasan Special Public Prosecutor for CBI
ORDER
This Criminal Revision Petition is arising out of the order of the learned XI Additional Sessions Judge and Special Judge for CBI Cases, Chennai dated 31.01.2018 in Crl.Mp.No,3983 of 2017 in RCMA1 2014 A0004 whereby the bank account of the petitioner bearing Account No.SB/02/015215 was freezed by the prosecution by invoking Section 102 Cr.P.C.
The trial Court has dismissed the petition to defreeze the account on the ground that the investigation was not completed and the petition may be revived after filing final report.
It is reported by the learned Special Public Prosecutor that out of 13 cases, in 10 cases prosecution has filed final report and in 3 more cases final report yet to file, as the investigation is not yet completed.
On perusal of the statement of account of SB/02/015215, this Court finds that the credits are related to rental income of the petitioner and his pensionery benefits. The learned Special Public Prosecutor has no serious objection to defreeze the account since it pertains to the known sources of income. Hence, the respondent is hereby directed to intimate the bank to defreeze the account No.SB/02/015215 at Corporation Bank, Pandeshwar Branch.
With the above direction, this Criminal Revision Case is disposed of.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rpl To 1 The Investigating Officer, Central Bureau of Investigation, Anti Corruption Branch, Sastri Bhavan, Chennai-600006.
2 The Special Public Prosecutor for CBI cases, High Court, Madras.
+1cc to M/s. Giridhar and Sai, Advocate sr.no.44643 Crl.R.C.No.588 of 2018 nr 25/07/2018