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Madras High CourtCRL OP/27628/2015closed

E.Tarun Jain v. State Rep. By

2015-11-06Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.27628 of 2015 E.Tarun Jain

...Petitioner

.Vs.

1. State rep. by The Inspector of Police, Central Crime Branch, EDF-II, Team-III, Vepery, Chennai-7.

2. The Branch Manager, ICICI Bank, Sowcarpet Branch, Sowcarpet, Chennai.

3. The Branch Manager, Tamil Nadu Mercantile Bank Ltd., 44-A, Arputha Vinayagar Kovil Street, Thisaiyanvilai-627 657, Tirunelveli District.

...Respondents

Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the 1st respondent to complete the necessary procedural formalities as required under Section 102(3) of the Criminal Procedure Code, 1973, and to transfer the frozen money lying in the accounts of the accused Esakiammal personal savings account No.603101514745 with the second respondent (ICICI Bank, Sowcarpet Branch, Chennai and the Sri Muthuraman Koil Nirvaga Kuzhu account No.030100050306941 with third respondent (Tamil Nadu Mercantile Bank) to the credit of the above said Crime No.352 of 2015 before the III Metropolitan Magistrate Court, George Town, Chennai.

For Petitioner : Mr.M.Venkatakrishnan For Respondents : Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed by the petitioner praying to direct the 1st respondent to complete the necessary procedural formalities as required under Section 102

(3) of the Criminal Procedure Code, 1973, and to transfer the frozen money lying in the accounts of the accused Esakiammal personal savings account No.603101514745 with the(ICICI Bank, Sowcarpet Branch, Chennai (second respondent herein) and the Sri Muthuraman Koil Nirvaga Kuzhu account No.030100050306941 with the Tamil Nadu Mercantile Bank (third respondent), to the credit of the case in Crime No.352 of 2015 before the III Metropolitan Magistrate Court, George Town, Chennai. 2.Heard both sides. The learned Additional Public Prosecutor submitted that the bank accounts of the accused as well as the Temple Administrative Committee were frozen on 14.09.2015 and the same was informed to the learned III Metropolitan Magistrate, George Town, Chennai; thus, the respondent-Police has completed the formalities under Section 102(3) of Cr.P.C.

The learned Additional Public Prosecutor has also produced the copies of the letters dated 14.09.2015 sent by the Inspector of Police to the Banks requesting to freeze the bank accounts of the accused and the letters dated 18.09.2015 sent to the III Metropolitan Magistrate, George Town, informing the freezer of bank accounts of the accused. 3.In view of the above submission made by the learned Additional Public Prosecutor, there is no need for this Court to give any specific direction to the respondent-Police as prayed for by the petitioner. It is also not necessary to traverse into the averments made in the affidavit filed in support of this petition.

4.Hence, recording the submission made by the learned Additional Public Prosecutor, this criminal original petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ssv

Copy to

1. The III Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, Central Crime Branch, EDF-II, Team-III, Vepery, Chennai-7.

3. The Branch Manager, ICICI Bank, Sowcarpet Branch, Chennai.

4. The Public Prosecutor, High Court, Madras.

1 CC to Mr.M.Venkatakrishnan, Advocate SR.No. 61556 Crl.O.P.No.27628 of 2015 PSI (17.11.2015)