Marimuthu v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Marimuthu ... Petitioner Vs

1. The Commissioner of Police, Coimbatore City, Coimbatore.

2. State rep. By The Inspector of Police, Kuniyamuthur Police Station, Coimbatore District.

3. The Branch Manager, Baroda Bank Limited, Kovaipudhur Branch, No.A18, Perur Main Road, Kovaipudhur, Coimbatore 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 2nd respondent to defreeze the petitioner's Savings Bank Account No.59648100002912 holding with Bank of Baroda, Kovaipudhur Branch, Coimbatore District (3rd respondent herein) based on the petitioner's representation dated 21.02.2025. For Petitioner : Mr. P. Narayana Prasadh

For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side) for R1 and R2 M/s.Revathi Manivannan for Respondent No.3.

ORDER

This Writ Petition has been filed to direct the 2nd respondent to defreeze the petitioner's saving bank Account No.59648100002912 with the third respondent based on the petitioner's representation dated 21.02.2025.

2. The petitioner is an accused in Crime No.423 of 2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 25 of NDPS Act on the file of the second respondent, alleging that the petitioner was found in possession of 1.050 kgs of ganga.

3. In pursuant to the registration of FIR, the account of the petitioner with the third respondent has been frozen. Thereafter, the procedure was contemplated under BNSS has been duly complied with.

4. On instructions, the learned counsel for the third respondent would

submit that right now, a sum of Rs.42,499/- is available with the petitioner's account. On the request made by the second respondent, now the third respondent has frozen the account of the petitioner and the petitioner is not permitted to operate his account.

5. On perusal of the counter filed by the second respondent and also the submission made by the second respondent, revealed that, apart from the Crime No.423 of 2023 under NDPS Act, the petitioner also involved in the similar case of the year 2018 in Crime 742 of 2018 registered for the offence under Section 8(c) r/w 20(B)(ii) (A) of NDPS Act on the file of the D4 Kuniyamuthur Police Station, Coimbatore and it is pending for trial. In Crime No.423 of 2023, the investigation is still pending.

6. When the investigation is very much pending in Crime No.423 of 2023, the prayer sought for in this petition cannot be considered to defreeze the account of the petitioner.

7. In view of the above, this Court finds no ground to defreeze the petitioner's saving bank account. Hence, this Writ Petition is dismissed. No

costs.

13.03.2025 Index:Yes/No AT To

1. The Commissioner of Police, Coimbatore City, Coimbatore.

2. The Inspector of Police, Kuniyamuthur Police Station, Coimbatore District.

3. The Branch Manager, Baroda Bank Limited, Kovaipudhur Branch, No.A18, Perur Main Road, Kovaipudhur, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, AT 13.03.2025