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Madras High CourtWP/5144/2024disposed of

Vanniyaraja v. The Superintendent Of Police

2024-02-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Vanniyaraja ... Petitioner Vs.

1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2.The Inspector of Police, T-4, Madhuravoyal Police Station, Tiruvallur District.

3.The Branch Manager, Tamilnadu Mercantile Bank Ltd., Adayalampattu Branch, Vanagaram, Tiruvallur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to defreeze the petitioner's Saving Bank Account No.282100050300656 holding with the Tamilnadu Mercantile Bank Ltd., Adayalampattu Branch, Vanagaram, Tiruvallur District (3rd respondent) based on the 1/4

petitioner's representation dated 10.02.2024 forthwith. For Petitioner : Mr.R.Parthiban For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This writ petition has been filed for a direction to the respondent Police to de-freeze the bank account of the petitioner maintained at the third respondent bank.

2.The learned Additional Public Prosecutor on instructions submitted that the bank account of the petitioner was freezed in the course of investigation in Crime No.910 of 2023 on 24.11.2023, whereas, it was intimated to the concerned jurisdictional Court on 06.02.2024.

3.In the light of the above submission, it is clear that the mandate under Section 102 of Cr.P.C. has not been complied with. Hence, the freezing of the bank account has become illegal and therefore, the same has to be defreezed immediately. If according to the respondent Police the freezing of the bank account is necessary during the course of investigation, the mandate under Section 102 of 2/4

Cr.P.C. should be followed strictly.

4.This writ petition is disposed of in the above terms. No costs. 29.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2.The Inspector of Police, T-4, Madhuravoyal Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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N.ANAND VENKATESH,J.

pri 29.02.2024 4/4