Venkatakrishnan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2023

CORAM:

THE HON'BLE DR.JUSTICE G. JAYACHANDRAN Venkatakrishnan

...Petitioner

Vs.

1.

The Superintendent of Police, Erode District, Erode.

2.

State Rep.by, The Inspector of Police, Arachalur Police Station, Erode District.

Crime No.267 of 2022 3.

The Branch Manager, Indian Bank Limited, Solar (2433) Branch, No.72, Eranian Street, Karur Main Road, Solar, Railway Colony P.O., Erode District.

...Respondents

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Prayer:Writ Petition filed under Article 226 of the Constitution of India seeking for a writ of Mandamus directing the 2nd Respondent to de-freeze the petitioner's Saving Bank Account No.6766005834 holding with Indian Bank, Solar (2433) Branch, Erode District (3rd Respondent herein) based on the Petitioner's representation dated 16.08.2023 forthwith. For petitioner :

Mr.A.Sathishkumar For Respondents :

Mr.S.Udaya Kumar (For R1 & R2) :

Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed seeking a direction to the 2nd Respondent to de-freeze the petitioner's Saving Bank Account No.6766005834 held with Indian Bank, Solar (2433) Branch, Erode District (3rd Respondent herein) based on the petitioner's representation dated 16.08.2023 forthwith.

2.

During the course of investigation, it came to light that the bank account of the petitioner, who is an accused in a case registered under the NDPS Act, has been freezed. The petitioner seeks to de-freeze his bank account.

3.

However, the learned Government Advocate (Crl.Side) states 2/4

that the course of investigation has not been completed and if the money is found to be proceeds of crime or money for procuring the contraband, it is to be forfeited and what action to be taken will be based on the outcome of the investigation.

Considering the aforesaid submissions of the learned Government Advocate (Crl.Side), this writ petition is dismissed with liberty to the petitioner herein to approach the trial Court for appropriate order. No costs. 09.10.2023 vca Internet : Yes/No Index : Yes/No To:

1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, Arachalur Police Station, Erode District.

3.The Branch Manager, Indian Bank Limited, Solar (2433) Branch, No.72, Eranian Street, Karur Main Road, Solar, Railway Colony P.O., Erode District.

4.The Public Prosecutor High Court Madras, Chennai.

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DR.G. JAYACHANDRAN, J.

vca 09.10.2023 4/4