Alagu Pon Saraswathi v. Addl.Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Alagu Pon Saraswathi ..Petitioner(s) Vs

1. Addl.Director General of Police Cyber Crime -III, Dr.Natesan Road, Police Training College Campus, Third Floor, Cyber Crime Wing, Ashok Nagar, Chennai 600 083.

2. Equitas Small Finance Bank Limited Plot No. 1072, D.No. 32, Munusamy Salai, K.K.Nagar West, Chennai - 600 078.

3. The Superintendent of Police Cyber Crime -III, Dr.Natesan Road, Police Training College Campus, Third Floor, Cyber Crime Wing, Ashok Nagar, Chennai 600 083.

..Respondent(s) Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to direct the second respondent to defreeze the petitioner's equitas bank account bearing A/c No. 100007050163 and IFSC Code ESFB0001131 and release the entire amount held by the second respondent. For Petitioner(s):

Mr.R.Harinath For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Addl. Public Prosecutor for R1 & R3

ORDER

This Writ Petition (Criminal) has been filed seeking a direction to the second respondent to defreeze the petitioner's bank account bearing A/c No. 100007050163, IFSC Code ESFB0001131 and to release the entire amount lying to the credit of the said account.

2.

The case of the petitioner is that he is maintaining a bank account with the second respondent bank. It is submitted that without issuing any prior notice, the second respondent bank froze the petitioner's account, thereby, paralysing his day-to-day financial transactions. The petitioner, thereafter, made a representation through e-mail requesting the second respondent bank to defreeze the account. However, the second respondent vide reference letter dated 31.07.2025 bearing No.202507300003556760, informed that the account had been frozen pursuant to a Cyber Police complaint in C.S.R.No.1088 of 2025, on the allegation that certain amounts were fraudulently transferred to the petitioner's account.

3.

The learned Additional Public Prosecutor appearing for the respondents 1 and 3 submitted that based on a complaint received from one Nithish, C.S.R.No.1088 of 2025 were assigned and pursuant thereto, the petitioner's bank account was frozen. He further submitted that the Cyber Crime

Police have subsequently received a communication from the said complainant dated 12.03.2026 stating that the amount lost by him has been recovered and that he is no longer interested in pursuing the complaint. In view of the same, the Cyber Crime Police have addressed a communication to the second respondent bank to defreeze the petitioner's account. A scanned reproduction of the said communication is as follows:

4.

This Court has considered the submissions made on either side and perused the materials available on record. It is not in dispute that the petitioner's bank account was frozen pursuant to the complaint registered in C.S.R.No.1088 of 2025. It is also brought to the notice of this Court that the complainant has received the amount and has expressed his intention not to proceed further with the complaint.

5.

In such circumstances, the continuation of the freeing of the petitioner's bank account would serve no useful purpose. Further, the action of freezing the account, without affording an opportunity to the petitioner, has resulted in undue hardship, affecting his normal financial activities. 6.

Accordingly, this Court directs the second respondent to defreeze the petitioner's bank account bearing A/C.No.100007050163, IFSC Code: ESFB0001131 and permit the petitioner to operate the same, forthwith. 7.

With the above directions, this Writ Petition (Criminal) stands disposed of. No costs.

26-03-2026 Index: Yes/No VKR

To 1.The Addl.Director General of Police Cyber Crime -III, Dr.Natesan Road, Police Training College Campus, Third Floor, Cyber Crime Wing, Ashok Nagar, Chennai 600 083.

2.Equitas Small Finance Bank Limited Plot No. 1072, D.No. 32, Munusamy Salai, K.K.Nagar West, Chennai - 600 078.

3.The Superintendent of Police Cyber Crime -III, Dr.Natesan Road, Police Training College Campus, Third Floor, Cyber Crime Wing, Ashok Nagar, Chennai 600 083.

4.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

VKR 26-03-2026