Mr.K.Mohan v. The State Rep. By Its The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2026

CORAM

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Mr.K.Mohan ..Petitioner Vs.

1. State rep. by its The Inspector of Police, Central Crime Branch, Avadi City, (CCB Cr.No. 133 of 2025).

2. The Manager, State Bank of India, Aminjikarai Branch, Chenna I - 600 029.

..Respondents Prayer:

Criminal Original Petition filed under Section 528 of BNSS to direct the respondents to defreeze the petitioner's bank account bearing SB A/c. No. 30138476015 being maintained in the 2nd respondent bank within the stipulated time as this Hon'ble Court may deem fit and proper. For Petitioner ::

Mr.E.K. Vinod For Respondents ::

Mr.A. Amarnath Counsel for Govt. of Tamil Nadu (Crl.Side) for R1 Mr.Nithyaesh Natraj for R2 1\12

O R D E R

This criminal original petition is filed seeking a direction to the respondents to defreeze the petitioner's bank account bearing SB A/c. No. 30138476015 maintained in the 2nd respondent bank within a stipulated time. 2.

The petitioner is an Advocate by profession. According to the petitioner, he was the legal advisor for A1, Arivu Nambi, in his criminal case and the said Arivu Nambi, had been paying fees to him regularly by crediting to his bank account bearing No. 30138476015 maintained with State Bank of India, Aminjikarai Branch. A sum of Rs.2,31,750/- has been received towards his fees from 20.03.2025 to 05.12.2025. However, this amount has been projected as though the petitioner has received the ill-gotten money from the accused. Further, according to the petitioner, in this case, before freezing the petitioner's bank account, the procedure contemplated under Section 107 Cr.P.C. has not been followed.

3. Counter affidavit has been filed by the learned Government Counsel for the 1st respondent and the same is scanned and reproduced below:

2\12

3\12

4\12

5\12

6\12

7\12

8\12

9\12

4.

Learned counsel for the 2nd respondent submitted that on the instructions of the 1st respondent, the petitioner's bank account has been freezed.

5.

Heard the learned counsel for the parties.

6.

From the counter, it is seen that the petitioner has periodically received amounts on 35 occasions between 20.03.2025 and 05.12.2025. The petitioner explanation is that it is the fee paid by A1 Arivu Nambi to him for the legal services rendered. However, learned Government Counsel for the 1st respondent would submit that A1 is a regular offender having cheated several persons and he has cheated 159 victims so far. The said Arivu Nambi has been detained under Goondas Act. He further submitted that investigation is in progress and totally 32 bank accounts of various persons have been frozen for investigation purpose and the petitioner's bank account has also been frozen only for the purpose of investigation.

7.

Considering the submissions made and the disputed amount lying in petitioner's account is Rs.2,31,750/-, the said amount can be kept on lien and the petitioner can be permitted to operate his bank account. 8.

Hence, the criminal original petition is disposed of directing the 2nd respondent to keep a lien over the disputed amount of 10\12

Rs.2,31,750/- said to have been received from A1 and defreeze the account of the petitioner bearing SB A/c. No. 30138476015 maintained with the 2nd respondent Bank, Aminjikarai Branch, so that the petitioner can operate his bank account.

02.06.2026 nv To The Inspector of Police, Central Crime Branch, Avadi City, (CCB Cr.No. 133 of 2025).

2. The Manager, State Bank of India, Aminjikarai Branch, Chenna I - 600 029.

3. The Public Prosecutor, High Court, Madras.

11\12

M. NIRMAL KUMAR,J.

nv 02.06.2026 12\12