M/S.Kavi Container Pvt Ltd v. The Assistant Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.20949 and 20952 of 2024 W.P.No.19095 of 2024:- M/s. Kavi Container Pvt. Ltd., Rep. by its Director, Mrs.Malarvizhi, Having office at Door No.17, Old No.127/72, 7th Street, Poompuhar Nagar, Kolathur, Chennai - 600 099.
... Petitioner Vs
1. The Assistant Commissioner of Police, Cyber Crime Cell, Central Crime Branch, Commissioner of Police Office Campus, Veppery, Chennai - 600 007.
2. ICICI Bank Limited, Perambur Branch, No.1, 4th Main Road, Jawahar Nagar, Chennai - 600 011.
3. Inspector-in-Charge, Cyber Crime Police Station, Darjeeling District, Darjeeling, West Bengal.
(R3 impleaded vide order dated 12.09.2024 in W.M.P.No.23895 of 2024)
4. Prakashbiswakarma ... Respondents (R4 impleaded vide order dated 09.01.2025 in W.M.P.No.38602 of 2024) 1/7
Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the Respondents 1 and 2 herein to defreeze the Petitioner's Bank Account lying with the 2nd Respondent ICICI Bank bearing account No.97005003237.
For Petitioner : Mr.G.Palani For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side) (for R1) Mr.S.Krishnaa for M/s.Acuity Law Associates (for R2) Dr.Arjun Chowdhury (for R3) W.P.No.19098 of 2024:- M/s. Kavi International, Rep. by its Proprietrix, Mrs.Malarvizhi, Having office at Door No.17, Old No.127/72, 7th Street, Poompuhar Nagar, Kolathur, Chennai - 600 099.
... Petitioner Vs
1. The Assistant Commissioner of Police, Cyber Crime Cell, Central Crime Branch, Commissioner of Police Office Campus, Veppery, Chennai - 600 007.
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2. ICICI Bank Limited, Perambur Branch, No.1, 4th Main Road, Jawahar Nagar, Chennai - 600 011.
3. Axis Bank Limited, Kolathur Branch, Plot No.123 and 125C, Poompuhar Nagar, 1st Main Road, Kolathur, Chennai - 600 099.
4. Inspector-in-Charge, Cyber Crime Police Station, Darjeeling District, Darjeeling, West Bengal.
(R4 impleaded vide order dated 12.09.2024 in W.M.P.No.23898 of 2024)
5. Prakashbiswakarma ... Respondents (R4 impleaded vide order dated 09.01.2025 in W.M.P.No.38605 of 2024) Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the Respondents 1 to 3 herein to defreeze the Petitioner's Bank Account lying with the 2th Respondent ICICI Bank bearing account No.97005500322 and also lying with the 3rd Respondent Axis Bank bearing account No.914020004593508. For Petitioner : Mr.G.Palani For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side) (for R1) Mr.S.Krishnaa for M/s.Acuity Law Associates (for R2) 3/7
Mr.R.Palani Kumar (for R3) Dr.Arjun Chowdhury (for R4) C O M M O N O R D E R These Writ Petitions have been filed to de-freeze the petitioner's accounts lying the second respondent Bank in Account Nos.9700500237 No.97005500322 and also lying with the third respondent Axis Bank bearing account No.914020004593508.
2. The learned counsel for the petitioner would submit that on account of the complaint lodged by the de-facto complainant with allegations that there were online fraudsters, and due to which a sum of Rs.2,00,000/- was deposited into the petitioner's accounts. On the said complaint, the Inspector-in-Charge, Cyber Crime Police, requested the respective Banks to freeze the accounts of the petitioner. He would further submit that if the said amount of Rs. 2,00,000/- is withheld, the remaining can be operated by the petitioner.
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3. In view of the above, a sum of Rs. 2,00,000/- is made lien over the complaint lodged by the de-facto complainant, and the petitioner is permitted to operate his accounts, which are lying with the ICICI Bank Limited, the second respondent in W.P. No. 19095, and the Axis Bank Limited, the third respondent in W.P. No. 19098 of 2024, in respect of the remaining amount. It is made clear that the said Banks are directed to hold a sum of Rs. 2,00,000 and the remaining amount is permitted to be operated by the petitioner.
4. With the above directions, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. 27.03.2025 Index:Yes/No kv 5/7
To
1. The Assistant Commissioner of Police, Cyber Crime Cell, Central Crime Branch, Commissioner of Police Office Campus, Veppery, Chennai - 600 007.
2. The Branch Manager, ICICI Bank Limited, Perambur Branch, No.1, 4th Main Road, Jawahar Nagar, Chennai - 600 011.
3. The Branch Manager, Axis Bank Limited, Kolathur Branch, Plot No.123 and 125C, Poompuhar Nagar, 1st Main Road, Kolathur, Chennai - 600 099.
4. The Inspector-in-Charge, Cyber Crime Police Station, Darjeeling District, Darjeeling, West Bengal.
5. The Public Prosecutor, High Court of Madras.
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G.K.ILANTHIRAIYAN, J.
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