Saravana Sandhya v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Saravana Sandhya ... Petitioner Vs.

The State Rep. by The Inspector of Police, CB-CCD-1, Avadi Police Station, Avadi City.

Crime No.34 of 2023 ... Respondent Prayer: Criminal Original petition filed under Section 482 of Cr.P.C., to direct the respondent police to defreeze the petitioner's three bank accounts (1) HDFC bank :- G.Saravan Sandhya, A/c.No. 01331040012240, 50100155650850, IFSC Code - HDFC0000133, Branch - Dairy circle branch. (2) ICICI Bank :- G.Saravan Sandhya, A/c.No. 004701628489, IFSC Code - ICICI0000047 (3) YES Bank :- A/c.No.073752000000882, G.Sravana Sandhya, IFSC Code - YES000737.

For Petitioner : Mr.P.Syed Abdul Mashood For Respondent : Mr.K.M.D.Muhila Government Advocate (Crl. Side)

ORDER

This petition has been filed for direction directing the respondent to defreeze the petitioner's accounts which were frozen by the respondent in pursuant to the registration of FIR in Crime No.34 of 2023. 2.

The respondent registered the FIR in Crime No.34 of 2023, as against the petitioner on the allegation that the petitioner created online account under the matrimony and cheated the defacto complainant to the tune of Rs.9,00,000/-. After registration of FIR, during the investigation, it was found that the petitioner had cheated the defacto complainant and received a sum of Rs.8,00,000/- through her accounts and also obtained one cell phone. After completion of investigation, the respondent filed final report and the same has been taken cognizance in C.C.No.384 of 2024 and it is pending on the file of the learned Judicial Magistrate No.I, Poonamallee.

3.

The case of the petitioner is that she had relationship with the defacto complainant and they lived together as husband and wife for some years in Bangalore. The petitioner already filed complaint as against the defacto complainant at Madiwala Police Station, Bangalore

and in order to extract money from the petitioner false complaint has been foisted as against the petitioner, as if, she cheated him. Further the petitioner had mutual deposit from the year 2015. Only from the year 2022, the petitioner had relationship with the defacto complainant. Now all the accounts and mutual deposits have been frozen. Therefore, the petitioner could not able to operate her accounts. Further the petitioner is ready to deposit the amount which was allegedly received from the defacto complainant.

4.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 5.

On perusal of the counter and on the submission made by the learned Government Advocate (Crl. Side) revealed that the defacto complainant had relationship with the petitioner and lived together as husband and wife. During the course of her relationship, some amount was paid to the petitioner. Now the petitioner is ready and willing to deposit the same amount.

6.

In view of the above facts and circumstances, the respondent is directed to defreeze the petitioner's bank accounts (1) HDFC bank :- G.Saravan Sandhya, A/c.No. 01331040012240, 50100155650850, IFSC Code - HDFC0000133, Branch - Dairy circle branch. (2) ICICI Bank :- G.Saravan Sandhya, A/c.No. 004701628489, IFSC Code - ICICI0000047 (3) YES Bank :- A/c.No.073752000000882, G.Sravana Sandhya, IFSC Code - YES000737, on condition that the petitioner shall deposit a sum of Rs.8,00,000/- (Rupees eight lakhs only) to the credit of C.C.No.384 of 2022 on the file of the learned Judicial Magistrate No.I, Poonamallee, within a period of two weeks from the date of receipt of a copy of this Order. The defaco complainant is at liberty to withdrawn the said amount, only after conclusion of trial.

7.

Accordingly, the Criminal Original Petition stands allowed. 14.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To 1.The Judicial Magistrate No.I, Poonamallee.

2. The Inspector of Police, CB-CCD-1, Avadi Police Station, Avadi City.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 14.02.2025