Murugesh v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Murugesh ... Petitioner Vs.
1. The Deputy Superintendent of Police, Perundurai, Erode District, Erode.
2. The State Rep. by The Inspector of Police, Vellode Police Station, Erode District.
3. The Branch Manager, Canara Bank Limited, Surampatti Valasu Branch, No.15/2, Gandhiju Road, Surampatti, Erode District.
... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the second respondent to de-freeze the petitioner's Savings Bank Account No.5633101003033 holding with Canara Bank, Surampatti Branch, Erode District (3rd respondent herein) based on the petitioner's representation dated 12.02.2025 forthwith.
For Petitioner : Mr.P.Narayana Prasadh For Respondent Nos.1 and 2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)
O R D E R
The present Writ Petition has been filed to direct the second respondent to de-freeze the petitioner's Savings Bank Account No.5633101003033 holding with Canara Bank, Surampatti Branch, Erode District, which was frozen in respect of registration of F.I.R. in Crime No.87 of 2024 for offences under Sections 8(c) r/w 20(b)(ii)(C) and 25 of N.D.P.S. Act.
2. Originally, the F.I.R. was registered as against three accused persons alleging that they were found in possession of 150 Kgs of Ganja. On the confession statement of the first accused, the petitioner herein has been implicated as accused and also made recovery of 250 grams of Ganja from the petitioner.
3. In pursuance of implication of the petitioner as accused, the petitioner's bank account has been frozen on the request made by the second respondent to the third respondent. Now, the investigation is
completed and the first respondent has also filed a final report and the same has been taken cognizance in C.C.No.38 of 2025 for trial on the file of the Additional District Court/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore. The petitioner was arrested and released on bail. That apart, a sum of Rs.3,500/- is only lying the bank account of the petitioner.
4. In view of the above investigation, freezing of account even after taking cognizance by the trial Court would not survive any purpose. Hence, the third respondent is directed to de-freeze the account of the petitioner bearing Account No.5633101003033 and the petitioner is permitted to operate his account.
With the above direction, this Writ Petition is allowed. There shall be no order as to costs.
20.02.2025 asi To
1. The Deputy Superintendent of Police, Perundurai, Erode District, Erode.
G.K.ILANTHIRAIYAN, J.
asi
2. The Inspector of Police, Vellode Police Station, Erode District.
3. The Branch Manager, Canara Bank Limited, Surampatti Valasu Branch, No.15/2, Gandhiju Road, Surampatti, Erode District.
20.02.2025