Kingston v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2025

CORAM:

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Kingston ... Petitioner in Crl.OP.No.33307/2025 Carelin Sham ... Petitioner in Crl.OP.No.33313/2025 Karthik T.D.

... Petitioner in Crl.OP.No.33423/2025 Vs.

1. The Inspector of Police W-22 All Women Police Station Mylapore, Chennai - 600 004

2. The Sub Inspector of Police Cyber Crime Team, Greater Chennai Police Mylapore, Chennai ... Respondents 1 and 2 in all Crl.OPs.

3. The Branch Manager Canara Bank K P Road, Nagercoil Branch Concordia Building, No.245/Ac K P Road Nagercoil, Kanniyakumari - 629 001 ... 3rd Respondent in Crl.OP.No.33307/2025

3. The Branch Manager HDFC Bank Anna Nagar 1 Branch 4th Avenue, Shanthi Colony Anna Nagar, Chennai - 600 040 ... 3rd Respondent in Crl.OP.No.33313/2025 1/6

3. The Branch Manager Union Bank of India Anna Nagar 1 Branch No.6, North Mada Street Mylapore, Chennai - 600 004 ... 3rd Respondent in Crl.OP.No.33423/2025 PRAYER in in Crl.OP.No.33307/2025: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the respondents 1 and 2 to defreeze petitioner's bank account bearing Account No.2404101016288 maintained with Canara Bank.

PRAYER in Crl.OP.No.33313/2025: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the respondents 1 and 2 to defreeze petitioner's bank account bearing Account No.00171140017378 maintained with HDFC Bank.

PRAYER in Crl.OP.No.33423/2025: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the respondents to defreeze petitioner's bank account bearing Account No.036010100067710 maintained with Union Bank of India.

In all Crl.OPs.

For Petitioner : Mr.T.Shanmugam For R1 and R2 : Mr.S.Santhosh Government Advocate (Crl. Side) 2/6

COMMON ORDER These Criminal Original Petitions have been filed to direct the respondents 1 and 2 to defreeze petitioners' bank accounts bearing A/c No.2404101016288 maintained with Canara Bank, A/c No.00171140017378 maintained with HDFC Bank and A/c No.036010100067710 maintained with Union Bank of India.

2. The learned counsel for the petitioners would submit that based on the complaint given by one XXXX, a case in Crime No.21 of 2025 came to be registered against the petitioner in Crl.O.P.No.33423 of 2025 and another person by the 1st respondent police, for the offences under Section 351 of BNS and Sections 9(f) read with 10 read with 17 of POCSO Act @ to Section 351 of BNS and Sections 9(f) read with 10 read with 17 and 21 of POCSO Act. There is absolutely no allegation of any financial fraud or financial transaction. However, the 1st respondent police had issued direction to the Banks of the petitioners to freeze their accounts, based on which, the petitioners' bank accounts have been freezed. He would further submit that the first respondent police, without proper understanding, has ordered for freezing of accounts, which is not proper.

3. The learned Government Advocate (Crl. Side), would submit that the petitioner in Crl.O.P.No.33423 of 2025 is an accused in Crime No.21 of 202 and the other two petitioners are his brother-in-law and wife. However, 3/6

he would fairly concede that there is no allegation of financial fraud or financial transaction between the accused and the victim. He would further submit that the 1st respondent police has already sent a communication to the respective banks to defreeze the bank accounts of the petitioners.

4. This Court also perused the case files, which shows that without there being any need, the 1st respondent police has ordered for freezing of the petitioners' bank accounts, which is not a proper way. However, taking into consideration the fact that already communications have been sent to the respective banks, to de-freeze the petitioners' accounts, a direction is issued to the respective banks to permit the petitioners to operate their bank accounts.

5. With the above directions, these Criminal Original Petitions are disposed of.

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To

1. The Inspector of Police W-22 All Women Police Station Mylapore, Chennai - 600 004

2. The Sub Inspector of Police Cyber Crime Team, Greater Chennai Police Mylapore, Chennai

3. The Public Prosecutor High Court of Madras, Chennai 5/6

A.D.JAGADISH CHANDIRA J.

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