R.Senthil Kumar v. The Superintendent Of Police -I,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.18975 of 2024 R.Senthil Kumar K.Priyanka ... Petitioners Vs.

State rep. by The Branch Manager, ICICI Bank, Nungambakkam, Chennai - 600 034.

4.

Divya ... Respondents [R4 impleaded as per order dated 03.10.2024 in Crl.M.P.No.13725 of 2024 in Crl.OP.No.18975 of 2024] 1/7

Prayer: Criminal Original Petition is filed under Section 528 of BNSS, pleased to direct the respondents 1 and 2 to defreeze the petitioners Bank Account at the Branch Manager, ICICI Bank, Nungambakkam, Chennai - 600 034, bearing personal account No.000905034045 with the third respondent in connection with the Crime No.112 of 2022 on the file of the second respondent and permit the petitioners to operate the said Bank account.

Crl.O.P.No.18854 of 2024 R.Senthil Kumar ... Petitioner Vs.

State rep.by The Branch Manager, ICICI Bank, Chennai One IT Park, Thoraipakkam, Chennai - 600 097.

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4.

Divya ... Respondents [R4 impleaded as per order dated 03.10.2024 in Crl.M.P.No.13729 of 2024 in Crl.OP.No.18854 of 2024] Prayer: Criminal Original Petition is filed under Section 528 of BNSS, pleased to direct the respondents 1 and 2 to defreeze the petitioner Bank Account at the Branch Manager, ICICI Bank, Chennai One IT Park, Thoraipakkam, Chennai - 600 097, bearing personal account No.428601502645 with the third respondent in connection with the Crime No.112 of 2022 on the file of the second respondent and permit the petitioner to operate the said Bank account.

Crl.O.P.No.18897 of 2024 K.Priyanka ... Petitioner Vs.

State rep.by The Branch Manager, 3/7

ICICI Bank, R.K.Salai, Mylapore, Chennai - 600 004.

4.

Divya ... Respondents [R4 impleaded as per order dated 03.10.2024 in Crl.M.P.No.13735 of 2024 in Crl.OP.No.18897 of 2024] Prayer: Criminal Original Petition is filed under Section 528 of BNSS, pleased to direct the respondents 1 and 2 to defreeze the petitioner Bank Account at the Branch Manager, ICICI Bank, R.K.Salai, Mylapore, Chennai - 600 004, bearing personal account No.602201550600 with the third respondent in connection with the Crime No.112 of 2022 on the file of the second respondent and permit the petitioner to operate the said Bank account.

For Petitioners : Mr.R.Venkatesan in all Crl.OPs.

For Respondents : Mr.S.Sugendran Additional Public Prosecutor for R1 and R2 in all Crl.OPs C O M M O N O R D E R These Criminal Original Petitions have been filed to direct the respondents 1 and 2 to de-freeze the petitioners' Bank Account with the third respondent-Bank bearing personal Account Nos.000905034045, 4/7

428601502645 and 602201550600, respectively in connection with Crime No.112 of 2022 on the file of the second respondent and permit the petitioners to operate the said Bank accounts.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents 1 and 2 and perused the materials available on record.

3. Learned Additional Public Prosecutor appearing for the respondents 1 and 2 submits that on completion of investigation, final report was filed and trial also commenced and the next hearing date is fixed as 04.12.2024.

4. The learned counsel for the petitioners placed reliance on the order of this Court dated 10.09.2024 in W.P.No.25631 of 2024 (Mohammed Saifullah Vs. RBI and others).

5. Since the charge sheet is filed, the trial Court finds prima-facie case and charge sheet has also been taken on file and now, the trial has also commenced. Therefore, the said order of this Court dated 10.09.2024 5/7

is not applicable to the present case on hand.

6. In view of the above, this Criminal Original Petitions are dismissed. However, the petitioners are at liberty to work out their remedy in the manner known to law before the trial Court. 04.11.2024 Index: Yes/No Speaking Order : Yes/No ms To The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 04.11.2024 7/7