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Madras High CourtWP Crl./541/2025disposed of

M.S.Kader Mydeen v. The Inspector Of Police

2025-09-24Honourable Mr Justice N. Sathish Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.Crl.No.541 & 602 of 2025 WP.Crl.No.541 of 2025 M.S.Kader Mydeen ... Petitioner

Versus

1.The Inspector of Police Forgery Wing, Central Crime Branch Avadi, Chennai-004 2.The Branch Manager HDFC Bank Saligramam Branch No.75-A, Arcot Road Saligramam, Chennai-600 026

3. The Branch Manager Axis Bank Alandur Branch No.20/7, V.K.Enclave, SBI Colony City Link Main Road, Adambakkam, Chennai-600 088 4.The Branch Manager Axis Bank Saligramam Branch No.75-A, Arcot Road, Saligramam, Chennai-600 026

5. The Branch Manager Punjab National Bank Sirkali Branch No.135, Bazaar street, Pidari West Street, Mayiladuthurai District-609 110 6.Ahamed Kabeer ... Respondents

(6th respondent impleaded vide order dated 24.09.2025 made in WPMP.Crl.No.370 of 2025 in WP.Crl.No.541 of 2025) WP.Crl.No.602 of 2025 M/s.SEIKODENKI INDIA PRIVATE LIMITED Represented by its Authorised Signatory Mr.R.SRINIVASAN S/o.Ramalingam DP-50, SIDCO Industrial Estate, 8th Cross Street Thirumazhisai, Tiruvallur - 600 124 ... Petitioner

Versus

1.The Inspector of Police Forgery Wing, Central Crime Branch Avadi, Chennai-004 2.The Branch Manager HDFC Bank Saligramam Branch No.75-A, Arcot Road Saligramam, Chennai-600 026

3. The Branch Manager ICICI Bank - Vadapalani Branch 184/2, NSK Salai, Arcot Road Chennai - 600 026 4.The Branch Manager Standard Chartered Bank - Nungambakkam Branch Grindlays Garden, No.1, Haddows Road, Chennai-600 006

5. The Branch Manager Punjab National Bank - West Mambalam Branch 81/177, Lake View Road West Mambalam, Chennai 6.Ahamed Kabeer ... Respondents (6th respondent impleaded vide order dated 24.09.2025 made in WPMP.Crl.No.365 of 2025 in WP.Crl.No.602 of 2025)

Prayer in WP.No.541 of 2025: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to defreeze the attachments of the Petitioners Bank Accounts A/c.No.20822320000060 and A/c.No.50100164270333-HDFC BankSaligram Branch 2] A/c.No.0489002100053099, A/c.No.048900096142 PUNJAB NATIONAL BANK Branch- 3]A/c.No.923020025506181-Axis Branch Saligram Branch, 4] A/c.No.920020052510211 A/c.No.920020055198100 A/c.No.92002002348504 A/c.No.922020027422114 A/c.No.922020005336107-Axis Bank Alandur Branch which were attached by the 1st respondent in pertaining to the FIR in Cr.No.38 of 2024 by considering the petitioner representation dated 13.06.2025 and take necessary action in accordance with law. Prayer in WP.No.

602 of 2025: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to defreeze the attachments of the Petitioner's Bank Accounts 1]A/c.No.20822320000060 and A/c.No.50100164270333-HDFC BankSaligram Branch 2]A/c.No.0489002100053099 A/c.No.048900096142 PUNJAB NATIONAL BANK Branch- 3]A/c.No.923020025506181-Axis Branch Saligram Branch 4]A/c.No.920020052510211, A/c.No.920020055198100, A/c.No.92002002348504, A/c.No.922020027422114, A/c.No.922020005336107-Axis Bank Alandur Branch Which were attached by the 1st respondent in pertaining to the FIR in Cr.No.38 of 2024 by considering the petitioner representation dated 13.06.2025 and take necessary action in accordance with law. W.P.No.541 of 2025 For Petitioner : Mr.V.Karthikeyan for Mr.S.

Vidhya Sagar For Respondents : Mr.K.M.D.Muhilan, APP for R1 Mr.C.Mohan and Ms.A.Rexy Josephine Mary for King and Patridge for R2 Mr.R.Palanikumar Ramesh for R3 & R4 Mr.C.

W.P.No.602 of 2025 For Petitioner : Mr.V.Karthikeyan for Mr.S.Vidhya Sagar For Respondents : Mr.K.M.D.Muhilan, APP for R1 Mr.C.Mohan and Ms.A.Rexy Josephine Mary for King and Patridge for R2 Mr.C.Aravind for R6 COMMON ORDER Since the issue arises out of the same Cr.No.38 of 2024 and freezing of bank accounts of the petitioner company and its erstwhile Director on the Board of Company, these writ petitions are taken up together and is disposed of by way of this common order.

2. The petitioners seek for a direction to the first respondent to defreeze the attachment of the company's bank account maintained in the respondent Nos.2 to 5 bank account.

3. WPMP.Crl.Nos.365 and 370 of 2025 has been filed to implead the petitioner therein as the 6th respondent in WP.Crl.Nos.602 and 541 of 2025 respectively. Considering the facts and circumstances of the cases and there is no objection in allowing the impleading petitions, these petitions are ordered.

4. Consequent upon the registration of FIR in Cr.No.38 of 2024 based on the complaint lodged by the 6th respondent herein/Ahamed Kabeer for the alleged offence under Sections 406, 409, 465, 468, 467 & 420 of IPC, not only the petitioner in WP.Crl.No.541 of 2025 account was freezed but also the accounts of the petitioner company in WP.Crl.No.602 of 2025 were also freezed. The petitioner in WP.Crl.No.541 of 2025 was one of the directors of the petitioner company and now, the petitioner is not running the company and he is arrayed as A2 in the FIR.

5. Since the dispute arose between the petitioner company and the 6th respondent herein resulting in registration of FIR, writ petition was filed in WP.Crl.No.62 of 2025 seeking police protection by the petitioner company as against the 6th respondent. This Court by order dated 25.08.2025 has recorded that the fourth respondent/sixth respondent herein himself as admitted that they are not in possession and is not causing disturbance, it is well open to the petitioner to run the company as per law.

6. The allegations in the FIR is to the alleged misappropriation of funds, pursuant to the investigation, when the petitioners' bank accounts

were frozen, sum of Rs.30,96,682/- was available in the bank accounts. The details as submitted by the learned counsel for the second respondent/HDFC Bank is as follows:- Name Account No.

Balance Account Status Date on which account freezed Million Services Trading & Contracting 2082232000006 200282.08 No Debit 21/04/2025 Seikodenki India Private Limited 5020003313035 2555011.16 No Debit 16/04/2025 Selvendiran S Jaafar 5010026504204 92589.73 No Debit 21/04/2025 Seikodenki Million Manufacturing India P 5020005007877 119619.06 Account Blocked Dormant 22/11/2021 M S Kader Mydeen 5010016427033 129178.66 No Debit 15/04/2025

7. Now, the learned counsel for the sixth respondent submitted that if there is a lien over the amounts, defreezing may not be a difficulty

8. Mr.V.Karthikeyan, learned counsel for the petitioner in both cases submitted that the petitioners may be permitted to operate other than the amounts already lying in the account.

9. Such view of the matter, let the second respondent make a lien over the amount of Rs.30,96,682/- and defreeze the bank accounts for the rest of the amount. With regard to the rest of the amount, the petitioners are entitled to operate the bank accounts except the sum of Rs.30,96,682/- for which a lien to be marked by the second respondent.

10. With the above directions, these petitions are disposed of. No costs.

24.09.2025 dhk Index :Yes/No Internet :Yes/No To 1.The Inspector of Police Forgery Wing, Central Crime Branch Avadi, Chennai-004

2. The Public Prosecutor Madras High Court

N. SATHISH KUMAR, J.

dhk W.P.Crl.No.541 & 602 of 2025 24.09.2025