Thangaraj v. The Branch Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Thangaraj S/o.Sinraj ... Petitioner Vs 1.The Branch Manager, Indian Bank, Idaikazhinadu.
Chengalpattu District - 603 304.
2.The Inspector of Police, Madhuranthagam PEW, Chengalpattu District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 11.06.2025, consequently direct the first respondent to unfreeze the petitioner's joint savings account vide A/c No.9934462873 in Indian Bank.
For Petitioner : Mr.V.Anand For Respondents : Mr.R.Venkatesa Perumal Government Advocate [Crl.side] [R2] ***** 1/4
ORDER
This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 11.06.2025 wherein the petitioner has sought for defreezing the account maintained in the first respondent bank.
2. Heard Mr.V.Anand, learned counsel for petitioner and Mr.R.Venkatesa Perumal, learned Government Advocate [Crl.side] appearing for second respondent.
3. When the matter came up for hearing today, learned Government Advocate [Crl.side] appearing on behalf of the second respondent submitted that a First Information Report has been registered against the petitioner in Crime No.172 of 2025 on the file of second respondent for offences under Sections 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 and 4(1)(i) of the Tamil Nadu Prohibition Act. In the course of investigation, a request was made to the first respondent to freeze the bank account.
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4. In the considered view of this Court, if the second respondent wants to freeze the bank account of the petitioner maintained in the first respondent bank, the proper procedure has to be followed under the BNSS Act. Sending a letter to the first respondent and directing the first respondent to freeze the bank account is beyond the jurisdiction of the second respondent.
5. In view of the above, there shall be a direction to the first respondent to defreeze the bank account of the petitioner. If the second respondent wants to freeze the bank account of the petitioner, the second respondent shall follow the proper procedure by informing the same to the concerned Magistrate and proceed further in accordance with law. This writ petition is disposed of with the above direction. No costs.
16.07.2025 Index: yes/no Speaking Order/Non-Speaking Order gm 3/4
N.ANAND VENKATESH, J.
gm To 1.The Branch Manager, Indian Bank, Idaikazhinadu.
Chengalpattu District - 603 304.
2.The Inspector of Police, Madhuranthagam PEW, Chengalpattu District.
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