Selvam Sadaiyapillai v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2022

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN W.P.No.2025 of 2022 and W.M.P.No.2187 of 2022 Selvam Sadaiyapillai .. Petitioner Vs..

1.The Inspector of Police, Vigilance and Anti Corruption, Salem.

2.The Inspector of Police, Vigilance and Anti Corruption, Krishnagiri.

3.Tamil Nadu Grama Bank, Peddanaickenpalayam Branch, Salem District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, to declare that the act of the respondents in conducting search of the petitioner's house on 22.10.2021 and freezing of the petitioner's bank account and sealing of the petitioner's bank locker in A/C.No.10007190715 with Tamil Nadu Grama Bank on 29.10.2021, is one without following due process of law, unconstitutional, illegal, null and void and opposed to law; and thereby raise the defreezing of the bank account and locker in Account No.10007190715 held by the petitioner with the Tamil Nadu Grama Bank, freezed alleging to be one with and in connection with the case pending investigation in Crime No.17/AC/2021.

For Petitioner : Mr. S. Shanmitha For Respondents : Mr. E. Raj Thilak, Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to declare that the act of the respondents in conducting search of the petitioner's house on 22.10.2021 and freezing of the petitioner's bank account and sealing of the petitioner's bank locker in A/C.No.10007190715 with Tamil Nadu Grama Bank on 29.10.2021, is one without following due process of law, unconstitutional, illegal, null and void and opposed to law; and thereby raise the defreezing of the bank account and locker in Account No.10007190715 held by the petitioner with the Tamil Nadu Grama Bank.

2.When the matter is taken up, the learned Additional Public Prosecutor filed a status report and submitted that the account of the petitioner is not freezed and it is in operational mode. It is also submitted that jewels and documents found inside the locker were returned to the petitioner and locker key was submitted to the learned Special Judge, Special Court for trial of cases under the Prevention of Corruption Act, Salem. Petitioner has not chosen to file an appropriate petition before the said Court, instead the petitioner has approached this Court.

3.In view of the said submission and also the report of Mr.C.Rajesh, Deputy Superintendent of Police, Vigilance and Anti-Corruption Erode detachment that there is no incriminating material, documents etc., seized during the search, nothing survives in this petition and this petition is dismissed as not necessary. Consequently, connected miscellaneous petition is closed. Petitioner is directed to approach the learned Special Judge, Special Court for trial of cases under the Prevention of Corruption Act, Salem for getting the locker key by filing appropriate application.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar AT To 1.The Special Judge, Special Court for trial of cases under the Prevention of Corruption Act, Salem.

2.1.The Inspector of Police, Vigilance and Anti Corruption, Salem.

3.The Inspector of Police, Vigilance and Anti Corruption, Krishnagiri.

4.Tamil Nadu Grama Bank, Peddanaickenpalayam Branch, Salem District.

5.The Public Prosecutor, High Court of Madras.

+1cc to Ms.Shanmitha, Advocate SR.No.14427 W.P.No.2025 of 2022 and W.M.P.No.2187 of 2022 KK(CO) GN(24/03/2022)