M.Gurusamy v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR M.Gurusamy ... Petitioner Vs.

1. The Deputy Superintendent of Police, Madhurandhagam, Chengalpattu.

2. The Inspector of Police, Madhurandhagam Police Station (PEW), Chengalpattu.

3. The Bank Manager, Indian Bank, East Coast Road, Edaikazhinadu Branch, Kadapakkam, Chengalpattu.

... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the first and the second respondents to de-freeze his savings bank account vide A/C.N.584359666, Indian Bank, Edaikazhinadu Branch at Kadapakkam, Chengalpattu, Tamil Nadu - 603 304. For Petitioner : Ms.R.Varalakshmi For R1 & R2 : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/5

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first and second respondents to de-freeze his account in the third respondent's bank.

2.

The petitioner is arrayed as an accused in Crime No.775 of 2024 registered on the file of the second respondent Police for the offences punishable under Sections 4(1)(c) and 4(1)(a) of the Tamil Nadu Prohibition Act, for allegedly having illegal possession of six IMFL liquor bottles (each 180ml). Pursuant to the said investigation, the respondent Police requested the bank to freeze the petitioner's bank account. 3.

Learned Government Advocate (Criminal Side) appearing for respondents 1 and 2, on instructions, submitted that the respondent Police had followed all the procedures and thereafter, requested the bank to freeze the account.

4.

Heard both sides and perused the materials available on record. 2/5

5.

On perusal of the entire First Information Report, this Court finds that the case relates merely to the alleged possession of six liquor bottles and that no material is available whatsoever to show that the seizure was effected. Very conveniently, it is stated that there were no independent witnesses available. Further, there are no details as to the nature of seizure in the form sent to the court, nor is there any basis on which the Investigating Officer has concluded that the bank account in question is the result of the alleged crime.

6.

Considering the nature of the offences, this Court is of the view that freezing the petitioner's bank account is not proper. Therefore, the third respondent is directed to de-freeze the petitioner's account forthwith. 7.

Accordingly, the Criminal Original Petition stands allowed. 09.09.2025 ham 3/5

To

1. The Deputy Superintendent of Police, Madhurandhagam, Chengalpattu.

2. The Inspector of Police, Madhurandhagam Police Station (PEW), Chengalpattu.

3. The Bank Manager, Indian Bank, East Coast Road, Edaikazhinadu Branch, Kadapakkam, Chengalpattu.

4. The Public Prosecutor, High Court of Madras.

4/5

N. SATHISH KUMAR , J.

ham 09.09.2025 5/5