K.Tamil Elakkiyan v. The Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Tamil Elakkiyan ... Petitioner Vs.

1.The Manager DBS Bank India Limited, Adyar Branch, Besant Nagar, Chennai.

2.The Inspector of Police, Cyber Crime, Mira Bhayandar Vasai Virar Police, Maharashtra State.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to withhold the disputed amount of Rs.2,860.54/- (Rupees Two Thousand Eight Hundred Sixty and Fifty Four Paise) in the account of the petitioner and release the balance of the amount in the account. For Petitioner : Mr.P.Sam Jeba Singh For Respondents : Mr.S.Balaji for R2 Government Advocate (Crl. Side) 1/4

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus to direct the first respondent to withhold the disputed amount of Rs.2,860.54/- (Rupees Two Thousand Eight Hundred Sixty and Fifty Four Paise) in the account of the petitioner and release the balance of the amount in the account.

2.The learned counsel appearing for the petitioner submitted that the petitioner's account was freezed on the basis of the instruction given by the second respondent. The disputed amount itself is only Rs.2,860.54/- and instead of freezing the said amount, the entire account has been freezed, which is not sustainable one. 3.The learned Government Advocate (Crl. Side) appearing for the second respondent submitted that this Court may issue direction to the first respondent to keep a sum of Rs.2,861/- in a separate account and allow the petitioner to operate the bank account and further direct the petitioner to maintain a minimum balance of Rs.5,000/- in his account so as to enable the law enforcing agency of Maharastra to recover the amount from the petitioner if the criminal proceedings ended against the petitioner.

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4.In view of the submission made by the learned Government Advocate (Crl. Side), this Court, without expressing any opinion on the merits of the case, directs the first respondent to keep a sum of Rs.2,861/- in a separate account and allow the petitioner to operate the bank account and further direct the petitioner to maintain a minimum balance of Rs.5,000/- in his account so as to enable the law enforcing agency of Maharastra to recover the amount from the petitioner if the criminal proceedings ended against the petitioner. 5.The writ petition is disposed of. No costs. 07.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Manager DBS Bank India Limited, Adyar Branch, Besant Nagar, Chennai.

2.The Inspector of Police, Cyber Crime, Mira Bhayandar Vasai Virar Police, 3/4

Maharashtra State.

M.DHANDAPANI,J.

pri 07.10.2025 4/4