M.Neelamegam v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH M.Neelamegam S/o.Murugan ... Petitioner Vs.

1.The Commissioner of Police, Tambaram Commissionarate, Sholinganallur, Chennai - 600 119.

2.The Inspector of Police, Central Crime Branch EDF - IV, Office of the Commissioner of Police, Sholinganallur, Chennai - 600 119.

3.The Manager, ICICI Bank, 2nd Agraharam, Salem - 636 001

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code to issue a direction to the respondents to de-freeze the savings bank account bearing A/c.No.106001510583 of the petitioner 1/5

maintained with the 3rd respondent.

For Petitioner :

Mr.S.Kalyanaraman For Respondents :

Mr.A.Damodaran for R1 and R2 Addidtonal Public Prosecutor

ORDER

This Criminal Original Petition has been filed for a direction to the respondent police to de-freeze the bank account of the petitioner maintained in the 2nd respondent bank.

2.

Heard Mr.S.Kalyanaraman, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for 1st respondent.

3.

The learned Additional Public Prosecutor on instructions submitted that the respondent police submitted that in the course of investigation, the account was freezed on 12.04.2023. However, the investigation officer was not able to intimate the same to the concerned 2/5

jurisdictional Magistrate Court immediately.

4.

Considering the above submission, it is clear that the mandate under Section 102 of Cr.PC has not been complied with. Therefore, the freezing of the bank itself becomes illegal and hence, there shall be a direction to the 1st respondent to defreeze the bank account of the petitioner. If the 1st respondent deems it fit to freeze the bank account of the petitioner in the course of investigation, it will be left open to the 1st respondent to strictly comply with the mandate under Section 102 of Cr.PC while undertaking the process.

5.

This Criminal Original petition is disposed of in the above terms.

29.01.2024 rka Index : Yes/No Speaking order:Yes/No 3/5

To 1.The Commissioner of Police, Tambaram Commissionarate, Sholinganallur, Chennai - 600 119.

2.The Inspector of Police, Central Crime Branch EDF - IV, Office of the Commissioner of Police, Sholinganallur, Chennai - 600 119.

3.The Public Prosecutor, Madras High Court.

4/5

N.ANAND VENKATESH,J rka 29.01.2024 5/5