Thirupathi Venkatesan v. The State Of Gujarat Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/01/2026
CORAM
THE HONOURABLE MRS. JUSTICE S.SRIMATHY Thirupathi Venkatesan, ... Petitioner Vs
1. The State of Gujarat Rep. By, The Inspector of Police, Cyber Crime Police Station, Jam Nagar..
2. The State of Gujarat Rep. By, The Inspector of Police, Junagadh Police Station, Junagadh..
3. The State of Karnataka Rep., By, The Inspector of Police, Bangalore City Police Station, Bangalore..
4. State Bank of India, Bypass Branch Madurai, Madurai District..
... Respondents 1/6
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 4th respondent to de-freeze the petitioners primary saving Bank A/C No. 30389870252 of Bypass branch, Madurai, Tamil Nadu, forthwith and allow petitioner to operate the account regularly without any hindrance by considering the representation dated 20.01.2026. For Petitioner : Mr.S Harish, For R1 to R3 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side)
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the fourth respondent to defreeze the petitioner's bank account bearing Account No.30389870252.
2. The facts leading to the filing of the petition are as follows: (a) The petitioner is holding a current account bearing A/c No. 30389870252 at Bypass branch, Madurai, Tamil Nadu. (b) The petitioner came to know that his account had been frozen. 2/6
3. The learned Counsel appearing for the petitioner would submit that the petitioner is not an accused in any criminal case; the act of the fourth respondent freezing the entire account is illegal and violates the fundamental rights of the petitioner; that though pursuant to the alleged communication sent by the Cyber Police Coordination Cell, the fourth respondent was obliged to obey the directions, the fourth respondent ought to have informed the petitioner about the action taken thereon; and that having failed to do so, it has breached the contract with the petitioner.
4. The learned Counsel appearing for the respondents would submit that the account of the petitioner was frozen on the basis of the communication from the Cyber Police Coordination Cell.
5. On perusal of the records, it is clear that there is nothing on record to show that the Cyber Police Coordination Cell had requested the second respondent to freeze the entire account. The fact is that account has been frozen and the petitioner is unable to operate the account. 3/6
6. It is seen that in similar circumstances, this Court had observed that when the alleged fraudulent amount is quantified, the freezing of the whole account would not be justified. Similar view was taken by the learned Single Judge of this Court in W.P.(MD).No.15684 of 2024 dated 15.07.2024, wherein, it was held that:
"3. The respondent is permitted to retain the aforesaid sum by marking lien on the petitioner's account. Subject to such marking of lien, the petitioner is permitted to operate their bank account. The freezing effected on the petitioner's bank account is lifted to the aforesaid extent. T\his writ petition stands allowed . No costs. Consequently, connected miscellaneous petitions are closed."
7. Accordingly, this writ petition is disposed of on the following directions:
(a). The second respondent / Bank shall keep only a lien amount of Rs.41,000/- and permit the petitioner to operate the account forthwith (b). The petitioner is at liberty to move to the concerned Jurisdictional Magistrate for recall of the lien marked over the quantified amount, if he is so advised.
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8. With the above observations and directions, this Writ Petition is disposed of. No costs.
29.01.2026 tta (Note:- Issue order copy on 30.01.2026) TO 1.The Inspector of Police, Cyber Crime Police Station, Jam Nagar..
2. The Inspector of Police, Junagadh Police Station, Junagadh..
3. The Inspector of Police, Bangalore City Police Station, Bangalore..
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S.SRIMATHY,J tta
ORDER
IN WP CRL.(MD) No.468 of 2026 Date : 29/01/2026 6/6