Kalaikannan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P. No.10145 of 2024 Kalaikannan ...

Petitioner /vs/ The State rep.by The Inspector of Police, Cyber Crime Wing, Avadi Police Commissionerate, Chennai.

(Ref. Cr.No.2 of 2023) ... Respondents Criminal Original Petition is filed under Section 482 Cr.P.C, to direct the respondent police to take appropriate action to recover the petitioner's money from the Yes Bank which was sent by the petitioner and to cause produce the petitioner's amount of Rs.11,17,818/- to the credit of Cr.No.2 of 2023 on the file of the learned Judicial Magistrate I at Poonamallee.

For Petitioner ... Mr.J.Suresh For Respondent ... Mr.S.Udaya Kumar Govt. Advocate (Crl.side)

ORDER

This petition is filed to withdraw the money which is freezed by the respondent police pursuant to investigation in Cr.No.2 of 2023.

2. The learned Judicial Magistrate I, Poonamalle, has rightly dismissed the petition filed under Section 451 Cr.P.C. on the ground that pending investigation, the money cannot be returned to the petitioner, since the money stands in the account of the accused person,

3. This Court finds no reason to interfere in the order passed by the trial Court. Till the completion of investigation, the ownership of the money which is now been freezed cannot be ascertained. The petitioner shall revive his application once final report is filed.

4. In view of the reasons stated above, this Criminal Original

Petition is dismissed.

25.04.2024 Index: Yes / No Speaking order / Non-speaking order bkn To:

1. The Inspector of Police, Cyber Crime Wing, Avadi Police Commissionerate, Chennai.

2. The Public Prosecutor, Madras High Court.

G.JAYACHANDRAN, J., bkn Crl.OP.No.10145 of 2024 25.04.2024