Arunesh Kumar Madan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15514 of 2023 & Crl.M.P.No.9635 of 2023 Arunesh Kumar Madan ... Petitioner Vs.

1.

State represented by Assistant Superintendent of Police, Economic Offences Wing, Camp at Chennai, Police Training College Campus, No:3, Natesan Salai, Ashok Nagar, Chennai - 83.

(Cause Title according to the Notice under Section 91 Cr.P.C.) 2.

The Manager, HDFC Bank, No J/12/21, Rajouri Garden Branch, New Delhi - 110 027.

... Respondents This Criminal Original Petition is filed under Section 482 Cr.P.C. to defreeze the Bank Account of the petitioner in HDFC Bank, Rajouri Garden Branch, New Delhi bearing account number 02921010000017 frozen on the 1/4

instruction of the 1st respondent police in relation to the Crime No.07 of 2022 on the file of the EOW, Headquarters, Chennai and permit the petitioner to access the funds within the accounts. For Petitioner : Mr.G.R. Hari For Respondent-1 : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for a direction to the respondent police to defreeze the bank account of the petitioner maintained before the second respondent bank.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor on instructions submitted that the first respondent did not intimate the freezing of bank account as mandated under Section 102 of Cr.PC before the concerned magistrate. 3.

In view of the above, the freezing of bank account has became illegal and hence, there shall be a direction to the first respondent to defreeze the bank account forthwith.

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4.

This Criminal Original petition is disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. 11.07.2023 (1/4) rsi Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To 1.

The Assistant Superintendent of Police, Economic Offences Wing, Camp at Chennai, Police Training College Campus, No:3, Natesan Salai, Ashok Nagar, Chennai - 83.

2.

The Public Prosecutor, Madras High Court, Chennai.

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N.ANAND VENKATESH,J.

rsi Crl.O.P.No.15514 of 2023 & Crl.M.P.No.9635 of 2023 11.07.2023 (1/4) 4/4