P.Baskar v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Baskar ... Petitioner Vs.
1. The Commissioner of Police, Linemedu, Salem City.
2. The Inspector of Police, Kitchipalayam Police Station, Salem.
3. The Branch Manager, Federal Bank, Ramakrishna Road, Salem.
4. The Branch Manager, Tamilnad Mercantile Bank, Ramakrishna Road, Salem.
5. The Branch Manager, ICICI Bank, Gugai, Salem.
6. Amudhavalli ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to
take appropriate and necessary action to defreeze the petitioner's bank accounts in respondent Nos.3,4 and 5 Banks namely Federal Bank bearing SB Ac No.12870100115042, Tamilnad Mercantile Bank bearing SB Ac No.453100710400049 and ICICI Bank bearing SB Ac No.607201100246 by considering the petitioner's representation dated 25.10.2024.
For Petitioner : Mr.S.Chendur Eashwaran For Respondents For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) For R3 : Mr.E.K.Kumaresan For R4 & R5 : No appearance For R6 : Mr.R.S.Mangala Kumar
ORDER
This petition has been filed for direction directing the second respondent to take appropriate steps to defreeze the petitioner's bank accounts maintained in the respondents 3 to 5 banks. 2.
The petitioner is the husband and the sixth respondent is his wife. Initially, they had started a company and from the profit, they had jointly purchased the property. Thereafter, both of them had sold out the property and after repaying the due, the remaining sale proceeds were shared between them as Rs.10,00,000/- each and deposited in their
account. Subsequently, the sixth respondent's signature was forged in the cheque and present the same in favour of the petitioner and therefore, the share of the sixth respondent was transferred to the petitioner's account by depositing the cheque. Therefore, the sixth respondent lodged complaint and the same was registered in Crime No.46 of 2025. In pursuant to the registration of FIR, on the request made by the second respondent, the bank accounts of the petitioner have been frozen which are maintained in the respondents 3 to 5 herein. 3.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.
Admittedly, the share of the sixth respondent was deposited in her account and subsequently transferred to the petitioner's account. Apart from the amount of Rs.10,00,000/- other amounts are lying in the account and the petitioner could not able to operate his account due to the frozen of account. Now the investigation is also pending in Crime No.46 of 2025.
5.
In view of the above, the respondents 3 to 5 are directed to permit the petitioner to transfer a sum of Rs.10,00,000/- (Rupees ten lakh only) to the credit of the sixth respondent's account and on such transfer the respondents 3 to 5 are directed to defreeze all the accounts of the petitioner and permit the petitioner to operate his accounts. 6.
With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
13.02.2025 Index : Yes/No : Yes/No rts
To
1. The Commissioner of Police, Linemedu, Salem City.
2. The Inspector of Police, Kitchipalayam Police Station, Salem.
3. The Branch Manager, Federal Bank, Ramakrishna Road, Salem.
4. The Branch Manager, Tamilnad Mercantile Bank, Ramakrishna Road, Salem.
5. The Branch Manager, ICICI Bank, Gugai, Salem.
6. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN. J, rts 13.02.2025