Sedhumathvan Sampathkumar v. M/S.Idfc First Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.13426 of 2025 Sedhumathvan Sampathkumar ... Petitioner Vs

1. M/s. IDFC First Bank, Salem Branch Represented by its Branch Manager, Ground Floor, Door No.2 to MNJ Complex, Kalliapillai Thoppu, Ponnusamy Kalyanam Mandappam Fairland, Salem - 635 004.

2. Superintendent of Police CCD-1, Cyber Crime Division - 1, Commissioner Office Building, Vepery, Chennai - 600 007.

3. Superintendent of Police, No.2, Northy Karaikal, Duplex Street, Puducherry - 609 602.

4. Superintendent of Police, No.21, CID Annexe Building, Race Course Building, Bangalore - 560 001.

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5. Inspector General of Police, Cyber Cell, Police Radio Head Quarters Complex, Bhadadhadaa Road, Bhopal - 462 003.

... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the first respondent to de-freeze the petitioner's Bank Account No.10066770865 maintained in the first respondent Bank within the time frame fixed by this Court. For Petitioner : Mr.Leeban Arivalagan For Respondents : Mr.S.K.Mariyappan for R1 Mr. A.Gopinath, Govt. Advocate (Crl. Side) for R2 Mr.K.S.Mohandas, Public Prosecutor (Puducherry) for R3 No appearance (for R4 & R5)

O R D E R

This Writ Petition has been filed to direct the first respondent to de-freeze the petitioner's Bank Account No. 10066770865, maintained in the first respondent bank, within the time frame that may be fixed by this Court.

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2. On the request made by the second to fifth respondents, the first respondent has frozen the account of the petitioner, which is lying with the first respondent. According to the petitioner, so far he has received a sum of Rs. 6,21,600/- from the third parties' account, which is very much available in his account. Apart from the said amount, the petitioner has a balance to the tune of more than one Crore.

3. The learned Government Advocate (Crl. Side) appearing for the second respondent would submit that the petitioner's account has been used as a third-layer account by the accused in an online fraud case, where a sum of Rs. 3,95,099/- was transferred to the petitioner's account as a third-layer account.

4. The learned Public Prosecutor (Puducherry) appearing for the third respondent would submit that a sum of Rs. 5,000/- has been transferred to the petitioner's account from the de-facto complainant. The remaining amount from the victims of the fourth and fifth respondents has 3/6

been transferred to the petitioner's account. Totally, a sum of Rs. 6,21,600/- has been credited to the petitioner's account, and his account was used as a third-layer account by the accused. However, the petitioner is not an accused in any case.

5. In view of the above, the first respondent is directed to hold a sum of Rs. 6,21,600/- from the petitioner's account, and the remaining amount is permitted to be operated by the petitioner. Accordingly, the petitioner's account is hereby de-frozen. The petitioner is permitted to operate his account, except a sum of Rs. 6,21,600/-, from his Account No. 10066770865 maintained with the first respondent bank.

6. With the above observations, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 16.04.2025 Index:Yes/No kv 4/6

To

1. The Branch Manager, M/s. IDFC First Bank, Salem Branch Ground Floor, Door No.2 to MNJ Complex, Kalliapillai Thoppu, Ponnusamy Kalyanam Mandappam Fairland, Salem - 635 004.

2. The Superintendent of Police CCD-1, Cyber Crime Division - 1, Commissioner Office Building, Vepery, Chennai - 600 007.

3. The Superintendent of Police, No.2, Northy Karaikal, Duplex Street, Puducherry - 609 602.

4. The Superintendent of Police, No.21, CID Annexe Building, Race Course Building, Bangalore - 560 001.

5. The Inspector General of Police, Cyber Cell, Police Radio Head Quarters Complex, Bhadadhadaa Road, Bhopal - 462 003.

6. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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