E.Vimalraj v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN E.Vimalraj ... Petitioner Vs

1. State Rep. by the Inspector of Police, P-2, Otteri Police Station, Chennai - 600 012.

[Crime No.669/2023]

2. The Branch Manager, State Bank of India, Jamalia Branch, No.29, Perambur High Road, Jamalia, Chennai - 600 012.

... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., to issue a direction to the first respondent, the Inspector of Police, P-2, Otteri Police Station, Chennai to defreeze the Bank Account bearing account No.20318914303 maintained by the petitioner with the second respondent, State Bank of India, Jamalia Branch. 1/5

For Petitioner : Mr.M.Duraimurugan For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1)

O R D E R

This petition has been filed to direct the first respondent to defreeze the bank account bearing account No. 20318914303, maintained by the petitioner with the second respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.

3. The petitioner is an accused in Crime No.669 of 2023, registered for the offences punishable under Sections 272, 273, and 328 of IPC and Sections 6 and 24(1) of the Cigarette and Other Tobacco Products Act, 2003. According to the case of the prosecution, the petitioner has deposited the crime proceeds into his account, and the investigation is still pending in Crime No.669 of 2023. The first respondent has also complied 2/5

with the provision under Section 106(3) of BNSS. Therefore, this Court is not inclined to defreeze the account of the petitioner, since the investigation is still pending.

4. Accordingly, this Criminal Original Petition is dismissed. However, the first respondent is directed to complete the investigation within a period of eight weeks from the date of receipt of a copy of this order, failing which the account of the petitioner lying with the second respondent will be automatically defreezed, and the petitioner will be permitted to operate his account.

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To

1. The Inspector of Police, P-2, Otteri Police Station, Chennai - 600 012.

2. The Branch Manager, State Bank of India, Jamalia Branch, No.29, Perambur High Road, Jamalia, Chennai - 600 012.

3. The Public Prosecutor, High Court of Madras, Chennai.

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G.K.ILANTHIRAIYAN, J.

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