P.Manu v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.25716 of 2019 P.Manu ... Petitioner Vs.

1. The Inspector of Police, Vellore North Police Station, Vellore.

2. The Branch Manager ICICI Bank Ltd., Vellore Branch, Vellore.

3. The Branch Manager, ICICI Bank Ltd., Adimaly Branch, Idukki, Kerala - 685561.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to give suitable instructions to the 2nd and 3rd respondents to de-freeze and re-activate the petitioner's Current Account bearing No.265205000160 drawn on ICICI Bank, Adimaly Branch, Idukki, Kerala in regard to the criminal case in Crime No.28/2019 registered by the first respondent, so as to enable the petitioner to continue his business transaction within the time limit that may be stipulated by this Hon'ble Court.

For Petitioner : Mr. S.P.Naveenkumar For Respondents : Mr.M.Mohamed Riyaz, (For R1) Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the first respondent to give suitable instructions to the 2nd and 3rd respondents to de-freeze and re-activate the petitioner's Current Account bearing No.265205000160 drawn on ICICI Bank, Adimaly Branch, Idukki, Kerala in regard to the criminal case in https://hcservices.ecourts.gov.in/hcservices/

Crime No.28/2019 registered by the first respondent, so as to enable the petitioner to continue his business transaction within the time limit.

2. Heard Mr.S.P.Naveenkumar, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the first respondent.

3. The learned Additional Public Prosecutor has submitted that in pursuance of a complainant, FIR has been registered in Crime No.28 of 2019 for the offences under Sections 366(A), 395 and 397 of IPC and other offences against the petitioner and 7 others.

4. In pursuance of the said FIR, the account of the petitioner has been now freezed for the reason that the first accused after committing offences, had transferred a sum of Rs.1,00,000/- (Rupees one lakh only) in favour of the petitioner herein. Further the investigation is also pending and as such, at this stage the de-freezing of the account cannot be permitted and is not possible, since it can affect entire investigation. Further the offences committed by the accused persons are very serious in nature.

5. Therefore, the de-freeze of the account cannot be ordered. Accordingly, this Criminal Original Petition is dismissed. However the first respondent is directed to complete the investigation and file a final report in Crime No. 28 of 2019 within a period of twelve weeks from the date of receipt of copy of this order.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ebsi To

1. The Inspector of Police, Vellore North Police Station, Vellore.

2 The Public Prosecutor, High Court, Madras.

Crl.O.P.No.25716 of 2019 VSN II (CO) KKV/18/06/2020 https://hcservices.ecourts.gov.in/hcservices/