K.Sridharan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Sridharan ... Petitioner Vs

1. The Inspector of Police, E-2, Royapettah Police Station, Chennai.

(Crime No.574 of 2021)

2. The Bank Manager, State Bank of India, Mahalingapuram Branh, Chennai - 600 034.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Crl.P.C/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the first respondent to de-freeze the Petitioner's bank account bearing No. 32305140785, maintained with the second respondent bank in Crime No.574 of 2021, pending on the file of the first Respondent. For Petitioner : Mr.R.Venkatesan For R1 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed for direction directing the first respondent to de-freeze the Petitioner's bank account bearing No.32305140785, maintained with the second respondent bank in Crime No.574 of 2021, pending on the file of the first Respondent.

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

3. The petitioner is the first accused in Crime No.574 of 2021 registered for the offence punishable under Section 420 of IPC. The allegation as against the petitioner is that the petitioner is an employee of the defacto complainant's company. The petitioner and his brother instigated the defacto complainant to invest a sum of Rs.20 Lakhs in order to include him as a partner in their business. Believing the words of the petitioner and his brother, the defacto complainant had deposited a sum of Rs.20 Lakhs and thereafter, the petitioner cheated him. Hence, the complaint.

4. It is seen that now the entire investigation has been completed and

the final report has been filed before the XVIII Metropolitan Magistrate, Saidapet, Chennai and it is pending for taking cognizance. At that juncture, the petitioner cannot be permitted to operate his account, since the crime proceeds is lying in the petitioner's account.

5. In view of the above, the direction sought for in this petition cannot be considered. Accordingly, this Criminal Original Petition is dismissed. 05.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Inspector of Police, E-2, Royapettah Police Station, Chennai.

(Crime No.574 of 2021)

2. The Bank Manager, State Bank of India, Mahalingapuram Branh, Chennai - 600 034.

3. The Public Prosecutor, High Court, Madras.

05.02.2025