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Madras High CourtWP Crl./226/2025closed

U.Anandaraj v. The State Rep. By The Inspector Of Police,

2025-09-15Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and WPMP.Crl.No.104 of 2025 U.Anandaraj S/o.Umamageshwaran, No.5/197, Anjaneaya 2nd street, Sikkaraiyapuram, Kancheepuram - 600 069.

Appellant(s) Vs

1. The State Rep. by The Inspector of Police, Cyber Crime Police Station, Nigiris District.

2.The State Rep. by The Inspector of Police, Cyber Crime Branch, Kancheepuram District.

3.ICICI Bank Represented by its Branch Manager, No.53A, E Mada Street, villivakkam, Chennai - 600 049.

Respondent(s)

PRAYER This writ petition has been filed to issue a writ of mandamus directing the 1st respondent to investigate the petitioners online complaint acknowledgement no.22903250024129 along with the complaint in FIR No.11 of 2025 on which the petitioner salary account was freezed by the 1st respondent or directing the 2nd respondent to investigate the petitioner's online complaint acknowledgement no.22903250024129 and pass such orders. For Appellant(s):

Mr.K.R.Gunashekar For Respondent(s):

Mr.K.M.D.Muhilan, Additional Public Prosecutor For R1 To R2

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to de-freeze the petitioner's salary account No.277801511244 in the third respondent Bank.

2. The case of the prosecution is that based on the complaint given by one Mr.J.Gowtham regarding online fraud, a case in Crime No.11 of 2025 was registered by the first respondent for the offences under Sections 318(4) BNS

2023 and 66D of IT Act 2000. During enquiry, it came to light that the petitioner had made a transaction of Rs.50,000/- to the account number 0100002100590523, which comes under layer-1 on 06.09.2024. Consequently, the fraudster/recipient had transferred a sum of Rs.60,000/- to the petitioner's ICICI Bank account on the same day, thereby placing the petitioner's account under layer-2. Therefore, the account was frozen as part of the investigation.

3. The learned counsel for the petitioner would submit that on the assurance of Mothilal Oswal Investment Services, the petitioner had invested a sum of Rs.5,10,000/- as directed by them, and on 06.09.2024 he had received a sum of Rs.60,000/- from a different account number. Thereafter, he did not receive any further payments from the said Mothilal Oswal Investment Services.

4. It is further submitted that though the petitioner had been cheated by the online fraudsters and had also lodged an online complaint, his account has been frozen solely on the allegation of receiving a sum of Rs.60,000/- into his

account. In this regard, the petitioner also claims to be a victim of the fraud. However, the complaint given by the petitioner has not been enquired into.

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that the complaint of the petitioner is under investigation, and the same will be enquired into in accordance with law. It is further submitted that, insofar as the de-freezing of the petitioner's bank account is concerned, except for the disputed sum of Rs.60,000/- , there is no impediment in permitting the petitioner to operate his account.

5. On a careful consideration of the submissions made on either side and upon perusal of the records, it is seen that on 06.09.2024, a sum of Rs.60,000/- was credited to the petitioner's salary account bearing No.277801511244 maintained with the third respondent Bank, through a NEFT transfer effected by PUNBK24250148031- SJ Traders-0100002100590523-PUNB0010000. Since this particular transaction is the subject matter of investigation, it is just and proper that the said amount of Rs.60,000/- be retained in the account.

6. Accordingly, the third respondent bank is directed to retain a sum of Rs.60,000/- in the said petitioner's account and permit the petitioner to operate the account in respect of the balance amount.

7. With the above observations and directions, this Writ Petition (crl.) stands disposed of. Consequently, connected Miscellaneous Petition is closed. 15-09-2025 mrp To 1.The Inspector of Police, Cyber Crime police station, Nigiris District.

2.The Inspector of Police, Cyber Crime Branch, Kancheepuram District.

3. The Branch Manager ICICI Bank, No.53A, E Mada Street, Villivakkam, Chennai - 600 049.

N.SATHISH KUMAR J.

mrp 15-09-2025