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Madras High CourtWP Crl.(MD)/689/2026disposed of

Kathirvel v. The Branch Manager

2026-02-10Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD).No.689 of 2026 Kathirvel ... Petitioner Vs

1. The Branch Manager, Canara Bank, Ramanathapuram, Ramanathapuram Distrit.

2. The Superintendent of Police, Office of the Superintendent of Police, Bikaner District, Rajasthan.

3. The Commissioner of Police, Baranagar, Barrackpore Police, West Bengal.

4. The Inspector of Police, Lalpur Police Station, Ranchi, Jharkhand.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent herein to forthwith defreeze petitioners savings Bank Account No.110168430967 on the basis of the representation given by the petitioner 1/6

dated 29.01.2026 within the time stipulated by this Honourable Court. For Petitioner : Mr.V. Malaiyendran For R-1 : Mr.V.Balasubramnaian For R-2 to R-4 : 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, directing the 1st respondent herein to forthwith defreeze petitioner's savings Bank Account No.110168430967 on the basis of the representation given by the petitioner dated 29.01.2026.

2. The facts leading to the filing of the petition are as follows: (a) The petitioner is holding a savings account bearing A/c No. 110168430967 at Canara Bank, Ramanathapuram, Ramanathapuram Distrit.

(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 first 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 first respondent was obliged to obey the directions, the first 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 first respondent 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 first respondent to freeze the entire account. The fact is that account has been frozen and the petitioner is unable to operate the account.

6. It is seen that in similar circumstances, this Court had observed that 3/6

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 first respondent / Bank shall mark a lien for a sum of Rs.10,000/- for the quantified sum 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 of Rs.10,000/- 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.

10.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No jbr To

1. The Branch Manager, Canara Bank, Ramanathapuram, Ramanathapuram Distrit.

2. The Superintendent of Police, Office of the Superintendent of Police, Bikaner District, Rajasthan.

3. The Commissioner of Police, Baranagar, Barrackpore Police, West Bengal.

4. The Inspector of Police, Lalpur Police Station, Ranchi, Jharkhand.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY , J.

jbr W.P.(MD).No.689 of 2026 10.02.2026 6/6