J.Prabakaran v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.12450 of 2025 and W.M.P.No.14038 of 2025 J.Prabakaran ... Petitioner Vs.
1.The Superintendent of Police, Erode District, Erode.
2.The Deputy Superintendent of Police, Perundurai Sub-Division, Perundurai, Erode District.
3.The Inspector of Police, Vellode Police Station, Erode District.
(Crime No.87 of 2024) 4.The Branch Manager, Axis Bank, Pallipalayam Branch, Namakkal District.
... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing
the respondents 1 to 3 to de-freeze the petitioner's bank account Nos.921020034716492 and 922010032514722 maintained in the fourth respondent bank whose operation was suspended in connection with the FIR in Crime No.87 of 2024 on the file of the third respondent and consequently to permit the petitioner to operate the above bank account by considering the petitioner's representation dated 07.03.2025. For Petitioner : Mr.R.T.Vishnu For R1 to R3 : Mr.R.Vinothraja, Government Advocate (Crl.Side)
O R D E R
The present Writ Petition has been filed seeking a direction to the respondents 1 to 3 to de-freeze the petitioner's bank account bearing Nos.921020034716492 and 922010032514722, maintained with the fourth respondent bank, the operation of which was suspended in connection with the FIR in Crime No.87 of 2024 on the file of the third respondent and consequently seeking a direction to permit the petitioner to operate the above bank account in consideration of the petitioner's representation dated 07.03.2025.
2. Originally, the F.I.R. was registered as against three accused
persons alleging that they were found in possession of 150 Kgs of Ganja. The petitioner herein has been implicated as an accused based on the confession statement of the first accused, wherein it is stated that there was a transaction between the petitioner and the accused.
3. In pursuance of implication of the petitioner as accused, the petitioner's bank account has been frozen on the request made by the third respondent to the fourth respondent. Now, the investigation is completed and the third respondent has also filed a final report and the same has been taken cognizance in C.C.No.38 of 2025 for trial on the file of the Additional District Court/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore. The petitioner was arrested and released on bail. That apart, a sum of Rs.2,89,168.88/- and Rs.2,71,365.56/- are currently lying the bank accounts of the petitioner.
4. In view of the above investigation, freezing of account even after taking cognizance by the trial Court would not survive any purpose. Hence, the fourth respondent is directed to de-freeze the account of the petitioner bearing Account Nos.921020034716492 and 922010032514722 and the petitioner is permitted to operate his account.
5. With the above direction, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
07.04.2025 shk
To 1.The Superintendent of Police, Erode District, Erode.
2.The Deputy Superintendent of Police, Perundurai Sub-Division, Perundurai, Erode District.
3.The Inspector of Police, Vellode Police Station, Erode District.
(Crime No.87 of 2024) 4.The Branch Manager, Axis Bank, Pallipalayam Branch, Namakkal District.
5.Public Prosecutor, Madras High Court.
G.K.ILANTHIRAIYAN, J.
shk W.P.No.12450 of 2025 and W.M.P.No.14038 of 2025 07.04.2025 (2/3)