S.Pradeep Kumar v. The Deputy Superintend Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 23936 of 2024 S.Pradeep Kumar ....

Petitioner Vs

1. The Deputy Superintend of Police, Office of the Deputy Superintend of Police, Coimbatore District.

2. The State Rep By The Inspector of Police, Thudiyalur Police Station, Coimbatore District.

3. The Branch Manager State Bank of India, Thiru Nagar Branch, Madurai.

....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 2nd respondent police viz. the Inspector of Police, Thudiyalur Police Station, Coimbatore, to defreeze the petitioner's Bank Account No.37943503000 on the file of the third respondent bank.

For Petitioner : Mr.J.Ramkumar For R1 & R2 : Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the 2nd respondent police to defreeze the petitioner's Bank Account No.37943503000 on the file of the third respondent bank.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first and second respondents and perused the materials available on record.

3. The petitioner is an accused in Crime No.515 of 2022 on the file of the second respondent registered for the offence punishable under Section 8(c), 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1995. It is alleged that while the second respondent was on patrol duty at Vellakinaru Extension, Railway Gate Road within the Thurdiyalur Station Limit, they received information that two persons were involved in drugs smuggling. On receipt of such information, they conducted a vehicle search and found the petitioner in possession of 2 kilograms of Ganja. The contraband was seized along with two motorcycles Subsequently, an FIR was registered in Crime No.515 of 2022.

4. The learned Government Advocate (Crl.Side) submitted

that the entire proceeds of the crime were deposited into the petitioner's account and as such, the second respondent requested the third respondent bank to freeze the petitioner's bank Account No.37943503000. Further, the investigation is still pending.

5. In view of the above, this Court is not inclined to direct the defreezing of the petitioner's account, since the entire proceeds of the crime have been deposited therein. Accordingly, this Criminal Original Petition stands dismissed.

06.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Deputy Superintend of Police, Office of the Deputy Superintend of Police, Coimbatore District.

2. The Inspector of Police, Thudiyalur Police Station, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.23936 of 2024 06.02.2025