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Madras High CourtCRL MP/24058/2025closed

Karur Vysya Bank v. K.Selva Prasath

2026-01-19Honourable Mr Justice A.D.Jagadish Chandira7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL .M.P. No.

24058 of 2025 in CRL .O.P .N o . 13339 of Karur Vysya Bank rep.by the Manager, No3-12-76/1, Ground Floor, Madhura Arcade, Big Bazar Lane, Near Mahindra Showroom, Main Road, L.B.Nagar, Hyderabad, Telangana-500 074.

...Petitioner/3rd Respondent

Vs

1. K.Selva Prasath, S/o.Karkki, No.5/280, F2, Sai Vignesh Flats, Ponniyamman Kovil Street, Medavakkam, Kancheepuram District-600 100.

...Petitioner/1st Respondent

2.State by, The Inspector of Police, Cyber Crime Wing, Central Crime Branch, CCD-I, Tambaram City Commissionerate, Chennai-600 119.

CSR No.407/2024.

3.The Ratnakar Bank Ltd., Rep. by the Manager, No.7356, Main road, Ichalakaranji, Kolhapur District, Maharastra-416 115.

...Respondents/Respondents

CRL.O.P.No.13339 of 2025 K.Selva Prasath, S/o.Karkki, No.5/280, F2, Sai Vignesh Flats, Ponniyamman Kovil Street, Medavakkam, Kancheepuram District-600 100.

...Petitioner(s)

Vs 1.State by, The Inspector of Police, Cyber Crime Wing, Central Crime Branch, CCD-I, Tambaram City Commissionerate, Chennai-600 119.

2.The Ratnakar Bank Ltd., Rep. by the Manager, No.7356, Main road, Ichalakaranji, Kolhapur District, Maharastra-416 115.

3.Karur Vysya Bank rep.by the Manager, No3-12-76/1, Ground Floor, Madhura Arcade, Big Bazar Lane, Near Mahindra Showroom, Main Road, L.B.Nagar, Hyderabad, Telangana-500 074.

...Respondent(s)

CRL MP No. 24058 of 2025 PRAYER : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to modify the conditions imposed at Para No.7 in the Order dated 15.10.2025 in Crl.MP.No.18790 of 2025 in Crl.OP.No.13339 of 2025.

CRL OP No. 13339 of 2025 PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to direct the 1st respondent to comply the order passed by the learned Judicial Magistrate-I, Alandur, Chennai in Crl.MP.No.3726 of 2024 dated 11.11.2024.

For Petitioner(s) :

Mr. S. Udaya Kumar For Respondent(s) :

Mr.Chandraseskaran for R1 Mr.K.M.D. Muhilan Additional Public Prosecutor for R2

ORDER

This petition has been filed by the petitioner/Bank seeking to modify the conditions imposed at Para 7 of the order dated 15.10.2025 in Crl.MP.No.18790 of 2025 in Crl.OP.No.13339 of 2025.

2.The grievance of the petitioner/Bank is that in the event multiple orders being passed by different Courts containing similar directions to freeze the same Bank Account, and disburse monies to victims, the petitioner may be placed in an impracticable position to comply with all such directions simultaneously. Further, if no funds are available in the Bank Account of the accused at the relevant time, the petitioner/Bank shall not be held responsible for non compliance with subsequent orders, as there would be no available balance for

disbursement or execution of such directions. 3.Per contra, the learned counsel appearing for the respondent/victim would submit that a petition seeking similar relief was earlier filed by Axis Bank Limited in W.P.No.10818 of 2025, etc., batch before this Hon'ble Court, and by order dated 26.03.2025, this Court clarified that in cases where multiple freezing orders are passed, Banks may not be in a position to comply with all such orders simultaneously. This Court further held that Banks shall act on a first-come-first-served basis, i.e., the order first received from a competent Court shall be given priority and complied with first. It is further submitted that the petitioner had approached the Bank pursuant to the orders passed by the learned Judicial Magistrate No.I, Alandur, Chennai, in Crl.MP.No.3726 of 2024 dated 11.11.

2024, which was subsequently confirmed by this Court by order dated 29.04.2025 in Crl.O.P.No.13329 of 2025, and later, modified by order dated 15.10.2025 in Crl.O.P.No.18790 of 2025, clarifying that if any amount is available with the concerned Bank, the respondents 2 and 3 shall comply with the orders of the learned Judicial Magistrate in Crl.MP.No.3726 of 2024. 3.Heard the learned counsel appearing on either side and perused the material available on record.

4.Admittedly, except for the petitioner, no other claimants have approached the petitioner/Bank for disbursement of any amount from the

subject Account.

5.In view of the above, this Court finds that no modification of the earlier order is warranted. Accordingly, the petitioner/Bank is directed to disburse the amount as ordered by this Court to the respondent/victim and to submit an appropriate compliance report to the other Courts concerned regarding such disbursement.

6.With the above observations, this petition stands closed. 7.It is further noted that the total claims in respect of the said Account amount to Rs.2,21,75,743.09. However, in view of the available balance, no modification of the previous directions is required. The petitioner/Bank is directed to release the available balance of Rs.12,05,886.91 to the respondent/victim, without prejudice to the rights and claims of other parties. The petitioner/Bank shall also issue appropriate communications to the other Courts informing them of the disbursement.

19-01-2026 mps Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Judicial Magistrate-I, Alandur, Chennai.

2.The Inspector of Police, Cyber Crime wing, Central Crime Branch, CCD-I, Tambaram City Commissionerate, Chennai-600 119.

3.The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA J.

mps CRL.M.P. No. 24058 of 2025 in CRL.O.P.N o . 13339 of 19-01-2026