Madras High CourtCRL OP/6921/2024dismissed

Mathan Kumar v. The State Rep By

2024-12-19Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Mathan Kumar ... Petitioner Vs.

1. The State rep. by its The Inspector of Police, Erode Taluk Police Station, Erode - 638 002.

2. The Bank Manager, Indian Overseas Bank, District Court Branch, Erode - 638 011. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C.,/528 BNSS, 2023, to issue a direction to the first respondent to de-freeze the petitioner's Bank account bearing Account Numbers 182504000005962 and 182504000006116 maintained by the second respondent Bank.

For Petitioner : Ms.R.Subadra Devi For Respondents : Mr.S.Sugendran Additional Public Prosecutor for R1 No appearance for R2 1/4

O R D E R

This Criminal Original Petition is to direct the first respondent to de-freeze the petitioner's Bank account bearing Account Numbers 182504000005962 and 182504000006116, maintained by the second respondent Bank.

2. Learned Additional Public Prosecutor appearing for the first respondent/Police, on instructions, submitted that the petitioner, who was arrayed as A1 is facing trial in C.C.No.120 of 2022 pending on the file of the Special Court for Essential Commodities Act Cases, Coimbatore for the offence under Sections 8(c) r/w 20(b)(ii)(c) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985. As the petitioner has deposited the sale proceeds of the contraband, the first respondent/Police requested the second respondent Bank to freeze the accounts of the petitioner.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and perused the materials available on record.

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4. There is no representation for the second respondent.

5. Considering the facts and circumstances and also considering the serious nature of the offences, this Court is of the opinion that the petitioner is not entitled to get the relief as sought for in this petition and hence, this Criminal Original Petition is dismissed. 19.12.2024 Index : Yes/No Speaking Order : Yes/No ms To

1. The Inspector of Police, Erode Taluk Police Station, Erode - 638 002.

2. The Bank Manager, Indian Overseas Bank, District Court Branch, Erode - 638 011.

3.The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 19.12.2024 4/4