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Madras High CourtWP/15309/2025disposed of

Praveenraj v. The State

2025-07-04Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Praveenraj ... Petitioner Vs.

1. The State Rep. by Inspector of Police Chengalpattu Town Police Chengalpattu

2. The Branch Manager Canara Bank, Cumbum Branch 282/283, W6, 1st Floor, Main Road Cumbum, Theni-625516

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to forthwith defreeze the petitioner's bank account bearing A/c No.110085785515 and permit the petitioner to operate the same, as the freezing of the account is arbitrary, unjust and without any material evidence linking the petitioner to the alleged offence.

For Petitioner : M/s.M.Karpagam For 1st Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) For 2nd Respondent : No Appearance

O R D E R

This Writ Petition has been filed by the petitioner to direct the 2nd respondent to forthwith defreeze the petitioner's bank account bearing A/c No.110085785515 and permit the petitioner to operate the same, as the freezing of the account is arbitrary, unjust and without any material evidence linking the petitioner to the alleged offence.

2. The case of the petitioner is that the above said bank account of the petitioner has been frozen by the 2nd respondent/Bank based on the request given by the 1st respondent-police in connection with the case in Crime No.10 of 2025 registered by the 1st respondent-police for the offence under Section 318(4) of BNS and Section 5 and 7(3) of the Lottery Regulations Act, 1998 based on certain transactions between the petitioner and A2. The contention of the petitioner is that the petitioner is not named in the FIR and the transaction between the petitioner and A2 is purely personal in nature as the accused occasionally borrowed money

from the petitioner and repaid it when demanded. Hence, the present petition is filed seeking direction to defreeze the petitioner's bank account.

3. The respondent police have filed counter in which it is stated that;

"7. It is submitted that during January 2024 to December 2024 a sum of Rs.4,19,060/- was credited to the Karur Vysya Bank account of Mani/A6 from the account of the petitioner Praveenraj. Likewise a sum of Rs.3,30,104/- was debited from the account of Mani and crediting to Canara Bank account of Praveenraj/petitioner."

8. It is further submitted that during the course of enquiry, the respondent police collected the bank details and statements of all the above accused person. Based on that, the respondent police came to know that there are numerous illegal financial transactions between the accused/A6 and the petitioner in connection with proceeds from the sale of lottery tickets. Therefore, the respondent police suspect the petitioner's account involvement in

the said illegal activities."

4. In view of the above, this Court is not inclined to entertain this petition.

5. However, the petitioner is directed to approach the respondentpolice and co-operate for investigation and based on the outcome of the enquiry/investigation, the respondent police shall pass orders on merits and in accordance with law regarding de-freezing of the petitioner's bank account.

6. With the above directions, this Writ Petition is disposed of. 04.07.2025 ksa-2 Index:Yes/No Speaking Order: Yes/No

To

1. The Inspector of Police Chengalpattu Town Police Chengalpattu 2.The Public Prosecutor High Court of Madras, Chennai

P.VELMURUGAN,J.

ksa-2 04.07.2025