A.Janakiraman v. The State Rep By Its,
In the High Court of Judicature at Madras Dated : 04.7.2023 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Criminal Original Petition No.30919 of 2022 A.Janakiraman
...Petitioner
Vs 1.The State by the Inspector of Police, District Crime Branch (DCB), Cuddalore.
Avadi Range, Chennai.
2.The Manager, ICICI Bank, No.2/407, Mount Poonamallee Road, Pushpa Nagar, Iyyapanthangal, Chennai-56.
...Respondents
PETITION under Section 482 of the Criminal Procedure Code praying to direct the respondent to de-freeze the account of the petitioner in S.B.A/c.No.269901505346 at ICICI Bank, Ayyappanthangal Branch in Chennai relating to Cr.No.25 of 2020 on the file of the first respondent Police.
For Petitioner :
Mr.S.Senthilvel For Respondent-1:
Mr.A.Gopinath, Government Advocate (Crl.Side) 1/7
ORDER
This is a petition filed by the petitioner seeking a direction to the first respondent to de-freeze the account maintained by the petitioner before the second respondent - bank.
2. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.
3. The grievance of the petitioner is that the first respondent, during the course of investigation in Cr.No.25 of 2020, had freezed the account maintained by the petitioner before the second respondent bank without complying with the mandatory requirements under Section 102 of the Criminal Procedure Code (for short, the Code). Aggrieved by the same, the above petition has been filed before this Court seeking to direct the first respondent to de-freeze the bank account of the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the first respondent, on instructions, has submitted that the bank 2/7
account of the petitioner was freezed on 07.11.2020 and that the information was given to the concerned Magistrate only on 12.3.2021.
5. In the considered view of this Court, Section 102 of the Code mandates that the officer, who is conducting the investigation, must report regarding the freezing of the bank account to the concerned Magistrate at the earliest possible time. When there is a delay in it, that, by itself, will be a ground for de-freezing the bank account.
6. In this case, there is a delay of nearly four months in intimating the Magistrate concerned. Hence, that, by itself, will make the freezing of the bank account illegal for non compliance of the mandatory provisions under Section 102 of the Code.
7. In the light of the above discussions, there shall be a direction to the first respondent to immediately de-freeze the bank account of the petitioner maintained before the second respondent. During the course of investigation, if the first respondent takes a decision to freeze the bank account of the petitioner, it shall be done only in line with the mandate prescribed under the Code.
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8. The above criminal original petition is allowed in the above terms.
04.7.2023 Index : Yes (or) No Speaking Order : Yes (or) No To 1.The State by the Inspector of Police, District Crime Branch (DCB), Cuddalore.
Avadi Range, Chennai.
2.The Manager, ICICI Bank, No.2/407, Mount Poonamallee Road, Pushpa Nagar, Iyyapanthangal, Chennai-56.
3.The Public Prosecutor, High Court, Madras.
RS 4/7
N.ANAND VENKATESH,J RS 04.7.2023 5/7
N.ANAND VENKATESH, J.
Today this matter is listed under the caption 'for being mentioned' on the ground that the name of the 1st respondent in the order dated 04.07.2023 in the cause title in Crl.O.P.No.30919 of 2022 had been wrongly typed as The State by the Inspector of Police, District Crime Branch (DCB), Cuddalore. Avadi Range, Chennai., instead of State Inspector of Police, District Crime Branch (DCB), Cuddalore. 2.The name of the 1st respondent in the order dated 04.07.2023 in Crl.O.P.No.30919 of 2022 in the cause title shall read as "State Inspector of Police, District Crime Branch (DCB), Cuddalore."
3.The Registry is directed to carry out the amendment and issue fresh order copy.
16.04.2024 6/7