V.Munikrishnan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2021

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.8325 and 8329 of 2021 Crl.OP.No.8325 of 2021 V.Munikrishnan, S/o.Velu ... Petitioner Vs.

1. The State Rep by The Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

2. The Branch Manager, ICICI BANK LTD - Cheyyar Branch, No.43, Nethaji Street, Cheyyar Town & Taluk, Tiruvannamalai District. ... Respondents Crl.OP.No.8329 of 2021 B.Jayakumar, S/o.Babu ... Petitioner Vs.

1. The State Rep by The Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

2. The Branch Manager, Indian Overseas Bank, Thiruvethipuram Cheyyar Branch, No.46-A, Nethaji Street, Cheyyar Town and Taluk, Tiruvannamalai District. ... Respondents

PRAYER in Crl.OP.No.8325 of 2021: Criminal Original petition has been filed under Section 482 of Cr.P.C, prayed to direct the respondents to de-freeze the petitioner's bank Account in Account No.381501500519 of ICICI Bank Ltd., 43, Nethaji Street, Cheyyar, Tiruvannamalai District freezed by the first respondent police in Crime No.895 of 2020 and permit the petitioner to operate his account.

PRAYER in Crl.OP.No.8329 of 2021: Criminal Original petition has been filed under Section 482 of Cr.P.C, prayed to direct the respondents to de-freeze the petitioner's bank Account in Account No.189101000009355 of Indian Overseas Bank Ltd., No.46A, Thiruvethipuram, Cheyyar, Tiruvannamalai District freezed by the first respondent police in Crime No.895 of 2020 and permit the petitioner to operate his account.

For Petitioner : Mr.E.Sathiyaraj (in both Crl.OPs) For R1 : Mr.A.Damodaran Government Advocate (Crl.Side) (in both Crl.OPs) COMMON ORDER The Criminal Original Petitions have been filed seeking a direction to the respondents to de-freeze the accounts of the petitioners in Account No.189101000009355 of Indian Overseas Bank Ltd., No.46-A, Thiruvethipuram, Cheyyar, Tiruvannamalai District and Account no.381501500519 of ICICI Bank Ltd., 43, Nethaji Street, Cheyyar, Tiruvannamalai District respectively in Crime No.895 of 2020, which were freezed by the first respondent.

2. The learned Government Advocate (Criminal Side) appearing for the first respondent submitted that there are many allegations in respect of money transactions in Account No.189101000009355 of Indian Overseas Bank Ltd., No.46-A, Thiruvethipuram, Cheyyar, Tiruvannamalai District and Account no.381501500519 of ICICI Bank Ltd., 43, Nethaji Street, Cheyyar, Tiruvannamalai District in Crime No.895 of 2020. Therefore, the investigation is still pending. If the accounts are defreezed, the first respondent is not able to complete the investigation.

3. In view of the above submission of the learned Government Advocate (Criminal Side), while pending investigation defreezing of the accounts of the petitioners should defer the entire investigation, However, the first respondent is directed

to complete the investigation in Crime No.895 of 2020 within a period of three months from the date of receipt of a copy of this order. After the completion of investigation, if the accounts submitted the petitioners does not require for any further investigation, the first respondent is at liberty to de-freeze the accounts belonging to the petitioners.

4. With the above said directions, the Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mfa/dn To

1. The Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

2. The Public Prosecutor, High Court, Madras.

+2cc to M/s.Sathiyaraj, Advocate Sr.27689, 27690 Crl.O.P.Nos.8325 and 8329of 2021 pch[co] srg 16/07/2021