Arun Kumar v. The Chief Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Arun Kumar ... Petitioner Vs.
1. The Chief Manager, Indian Bank, No.66, Rajaji Salai, Chennai - 600 001.
2. The Branch Manager, Indian Bank, Kachirayapalayam Branch, Kallakurichi District.
3. The Inspector of Police, Baghana Police Station, Neemuch District, Madyapradesh, Pin - 458 441.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to defreeze the petitioner's savings account number 7801375356, maintaining in the second respondent branch and within the time frame fixed by this Court.
For Petitioner : Mr.V.Gunasekar For Respondents For R1 & R2 : Mr.Magesh Kambar For R3 : No appearance
ORDER
This writ petition has been filed for direction directing the second respondent to defreeze the petitioner's savings account number 7801375356, within the time frame fixed by this Court. 2.
The petitioner is having account with the second respondent in account No.7801375356. While the petitioner was working in UAE, his salary has been credited to his account. While being so, on the request made by the third respondent, the first respondent freezed the account of the petitioner and not permitted the petitioner to operate the same.
3.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. Though notice served on the third respondent and name also printed in the cause list, no one is appeared before this Court either by person or through pleader.
4.
On perusal of the communication dated 02.11.2024 sent by the third respondent to the second respondent under Section 94 of BNSS, 2023, it is revealed that on 10.08.2024, a sum of Rs.52,000/- was credited to the petitioner's account from the third party account, in connection with the Crime No.318 of 2014 on the file of the third respondent police. However, according to the petitioner, it is his salary amount and his salary has been credited to his account. Further, it is not the case of the third respondent that the petitioner is an accused in any case.
5.
Considering the above facts and circumstances, the second respondent is directed to defreeze the petitioner's account No. 7801375356 and permit the petitioner to operate his account, forthwith. Accordingly, the Writ Petition stands allowed. There shall be no order as to costs.
08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts
G.K.ILANTHIRAIYAN, J.
rts To
1. The Chief Manager, Indian Bank, No.66, Rajaji Salai, Chennai - 600 001.
2. The Branch Manager, Indian Bank, Kachirayapalayam Branch, Kallakurichi District.
3. The Inspector of Police, Baghana Police Station, Neemuch District, Madyapradesh, Pin - 458 441.
4. The Public Prosecutor, Madras High Court, Chennai.
08.04.2025