J.R.Mohan v. State Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.R.Mohan ... Petitioner Vs.

1. The State, The Inspector of Police, P.N.Palayam Police Station, Coimbatore.

2. The Bank Manager, Bank of Baroda, Ganganagar Branch, No.19 10, 1st Main Road, Ganganagar, Bangalore, Karnataka.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent to defreeze the account of the petitioner in S.B. A/c. No.73750100008899 at Bank of Baroda, Ganganagar Branch, Bangalore, Karnataka, relating to Cr.No.2033 of 2023 on the file of the first respondent police, same according to law.

For Petitioner : Mr.S.Senthilvel For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for direction directing the respondent to de-freeze the petitioner's account in S.B. A/c. No.73750100008899, lying in the second respondent bank. 2.

It is seen that the petitioner is an accused in Crime No.2033 of 2023 on the file of the first respondent registered for the offences punishable under Sections 4(1)(aaa), 4(1-A) 4(1)(b), 4(1)(g), 4(1)(h) of the Tamil Nadu Prohibition Act; Sections 7 of the Tamil Nadu Rectified Sprit Rules, 2000 and Sections 420, 467, 468 & 471 of IPC. There are totally 23 accused in which, the petitioner is arrayed as A6. The petitioner has been arrayed as accused on the confession statement of the other accused person. Further there was no recovery from the petitioner and there was no transaction between the petitioner's account and other accused person's account. Right now, the petitioner's account is lying with a sum of Rs.25,000/- balance in the second respondent bank. That apart, though the crime is of the year 2023, still the investigation is pending and no charge sheet has been filed by the first respondent.

3.

Considering the above facts and circumstances, the petitioner's account in S.B. A/c. No.73750100008899, is hereby defreezed and the second respondent is directed to permit the petitioner to operate his account. Accordingly, the Criminal Original Petition stands allowed.

14.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. The Inspector of Police, P.N.Palayam Police Station, Coimbatore.

2. The Bank Manager, Bank of Baroda, Ganganagar Branch, No.19 10, 1st Main Road, Ganganagar, Bangalore, Karnataka.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 14.03.2025