M.R.Bhaarath v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.M.R.Bhaarath 2.Ramya Bhaarath ... Petitioners in all Crl.O.Ps.
vs.
1.State represented by The Inspector of Police, CCB, Team-1, Veppery, Chennai - 600 007.
... 1st Respondent in all Crl.O.Ps.
2.The Branch Manager, City Union Bank, Akshaya Towers, No.354, Ground Floor, SH-49, Neelankarai, Chennai - 600 115.
... 2nd Respondent in Crl.O.P.
Nos.15603 & 15558 of 2022 2.The Branch Manager, IDBI Bank, No.02, 1st Main Road, Rajaji Nagar, Neelankarai, Chennai - 600 041.
... 2nd Respondent in Crl.O.P.
Nos.15458 & 15332 of 2022 1/6
PRAYER in Crl.O.P.No.15603 of 2022: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to defreeze the bank account maintained by the 1st petitioner with the 2nd respondent bearing Account No.500101012004258. PRAYER in Crl.O.P.No.15458 of 2022: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to defreeze the bank account maintained by the 2nd petitioner with the 2nd respondent bearing Account No.11431040000015561. PRAYER in Crl.O.P.No.15332 of 2022: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to defreeze the bank account maintained by the 1st petitioner with the 2nd respondent bearing Account No.1143104000000763. PRAYER in Crl.O.P.No.
15558 of 2022: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to defreeze the bank account maintained by the 2nd petitioner with the 2nd respondent bearing Account No.500101012004257. For Petitioners : Mr.K.Balasubramaniam in all Crl.O.Ps.
For Respondent-1 : Mr.A.Gopinath in all Crl.O.Ps.
Government Advocate (Crl. Side) 2/6
COMMON ORDER These Criminal Original Petitions have been filed for a direction to the first respondent to defreeze the bank account maintained by the petitioners in the second respondent Bank described in each petition.
2. The petitioners have questioned the freezing of four bank accounts in these four Criminal Original Petitions. When the matter came up for hearing on 26.06.2023, the learned Government Advocate produced certain materials explaining the trail of money from the bank of the complainant to the bank of the accused and as to how the petitioners had committed the offence. The learned counsel for the petitioners also sought for some time to get clarification.
3. When the matter was taken up for hearing today, it was brought to the notice of this Court that investigation has already been completed and final report was filed and it was taken on file in C.C.No.348 of 2022, on the file of Special Court for CCB and CBCID Cases, Egmore, Chennai. It was further brought to the notice of this Court that the bank accounts were freezed on 13.08.2021 and it was intimated to the jurisdictional Court on 16.08.2021. Hence, it was contended that there was no delay in intimating 3/6
the freezing of the bank account.
4. In the considered view of this Court, the investigation has already been completed and the case is now pending before the Court below. In view of the same, there is no need for continuing with the freezing of the bank account anymore. As a consequence, there shall be a direction to the first respondent to defreeze the bank account of the petitioners maintained before the respective second respondent bank forthwith.
5. These Criminal Original Petitions are disposed of accordingly. 18.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rsi To 1.The Inspector of Police, 4/6
CCB, Team-1, Veppery, Chennai - 600 007.
2.The Public Prosecutor, High Court, Madras.
5/6
N. ANAND VENKATESH, J.
rsi 18.07.2023 6/6