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Madras High CourtCRL OP/23296/2019dismissed

Universal Trading Solution Pvt Ltd. v. The Deputy Superintendent Of Police.

2022-06-07Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.06.2022 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.23296/2019, 23297/2019, 23301/2019, 23589/2019, 23299/2019 and 23591/2019 1.Universal Trading Solution Private Limited, Represented by its Managing Director, Mr.G.Ramesh, No.93, Ram Lakshman Nagar, Peelamedu, Coimbatore.

...1st Petitioner in Crl.O.P.No.23296 of 2019 1.Universal Chit Funds, Represented by its Managing Director, Mr.G.Ramesh, No.93, Ram Lakshman Nagar, Peelamedu, Coimbatore.

...1st Petitioner in Crl.O.P.No.23297 of 2019 2.G.Ramesh, Age 32 years, Son of Govindasamy, Managing Director, Universal Chit Fund Pvt.Ltd., No.336/2, 3rd Floor, Mayflower Velansiya, ..2nd Petitioner in Crl.O.P.No.23296, 23297/2019 Jaskar Age 28 years S/o.Selvaraj, Director, Universal Chit Fund Pvt. Ltd., No.A 137, Kovaipudur, Coimbatore - 641 042.

..Petitioner in Crl.O.P.No.23301 of 2019 Lakshmi Govindasamy Age 60 years W/o.Govindasamy Director Universal Chit Fund Pvt.Ltd.

No.3/164, Sulur, Papampatti, Coimbatore-641016.

..Petitioner in Crl.O.P.No. 23589 of 2019

Kanagarajan Age 30 years S/o.Kalimuthu Director Universal Chit Fund Pvt Ltd.

No.1, E.B. Colony, Irugur, Sulur Taluk, Coimbatore - 641 103.

..Petitioner in Crl.O.P.No. 23299 of 2019 Govindasamy Velliyangiri Age 65 years S/o.Villiyangiri Director Universal Chit Fund Pvt.Ltd.

No.3/164, Sulur, Papampatti, Coimbatore-641016.

..Petitioner in Crl.O.P.No. 23591 of 2019 /versus/ 1.The Deputy Superintendent of Police, EOW Coimbatore, Commissioner of Police Campus, 2.The Inspector of Police, Economic Offences Wing, Commissioner of Police Campus, Coimbatore.(Crime No.3 of 2019) ..Respondents in all Crl.O.Ps Prayer in Crl.O.P.Nos.23296 of 2019:

Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the 1st and 2nd respondents to defreeze the current account vide Account No.0187360000003798 of the 1st petitioner company maintained with Lakshmi Vilas Bank, Gandhipuram Branch, Coimbatore in Crime No.3 of 2019 on the file of the 2nd respondent police.

Prayer in Crl.O.P.Nos.23297 of 2019:

Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the 1st and 2nd respondents to defreeze the account No.166013500007995 of the 1st petitioner company maintained with Karur Vysys Bank, Peelamedu Branch, Coimbatore in Cr.No.3/2019 on the file of the 2nd respondent police.

Prayer in Crl.O.P.No.23301 of 2019:

Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to defreeze the current account vide AC.No.1660135000006371 of the petitioner maintained with K.V.B., Avinashi Road Branch, Peelamedu, Coimbatore in Cr.No.3/19 on the file of the 2nd respondent police.

Prayer in Crl.O.P.No. 23589 of 2019:

Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the 1st and 2nd respondent to defreeze the SB account vide Account No.1935323658 of the petitioner maintained with South Indian Bank, Pappampatti Branch, Coimbatore in Cr.No.3 of 2019 on the file of the 2nd respondent police.

Prayer in Crl.O.P.No. 23299 of 2019:

Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the respondents to defreeze the KVB Bank, Avinashi Road Branch, Peelamedu Current Ac.No.1660135000006383, Saving Ac.No.1660178000008847 and saving Ac.No.1660155000047180 in Cr.No.3 of 2019 on the file of the 2nd respondent police.

Prayer in Crl.O.P.No. 23591 of 2019 Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the respondents to defreeze the SB Account vide Account No.1935310929 of the petitioner maintained with South Indian Bank, Pappampatti Branch, Coimbatore in Cr.No.3 of 2019 on the file of the 2nd respondent police.

For Petitioners :

No appearance For Respondents :

Mr.N.S.Suganthan Govt.Advocate (Crl.Side) COMMON ORDER The petitioners herein involved in serious fraud running several hundred crores of rupees cheating nearly 73,000 gullible depositors is now facing investigation at the hands of the police of several States and nearly 36 First Information Reports sofar been registered against them in Kerala, Karnataka, Puducherry, and TamilNadu. While so, in the course of the investigation, the second respondent herein has freezed the bank accounts. Aggrieved by that, these Criminal Original Petitions are filed seeking defreeze of the bank account maintained by the accused persons.

2.This Court, earlier made it earnest attempt to recover the money as early as possible and repay the same to the depositors and pursuant to the said intention, a Committee headed by the Retired Judge of this Court was appointed. However, the said attempt has not yield any satisfactory result. Hardly 1000 claimants were paid and remaining 72000 depositors are left without any remedy.

3.In the said circumstances, the defreeze of the bank account will only help the accused persons to withdraw the same and add more penny into their purse. Till the investigation is completed and final report is filed, there is no need to defreeze of accounts. Hence, these Criminal Original Petitions are dismissed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar ari To 1.The Deputy Superintendent of Police, EOW Coimbatore, Commissioner of Police Campus, 2.The Inspector of Police, Economic Offences Wing, Commissioner of Police Campus, Coimbatore.(Crime No.3 of 2019) 3.The Public Prosecutor, High Court, Madras.

Crl.O.P.Nos.23296/2019, 23297/2019, 23301/2019, 23589/2019, 23299/2019 and 23591/2019 JP (CO) PR (06/07/2022)