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Madras High CourtWP Crl.(MD)/729/2026disposed of

Pandia Raja v. The State Of Tamilnadu, Rep By The Superintendent Of Police,

2026-02-11Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Pandia Raja ... Petitioner Vs 1.The state of Tamil Nadu rep. by the Superintendent of Police, Theni District, 2.The Inspector of Police, Gudalur Police Station, Theni District.

3.The Branch Manager, Punjab National Bank, Allinagaram, Theni.

... Respondents PRAYER :- Writ Petition filed under article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceeding dated 18.12.2025 passed by the 3rd respondent in connection with Crime No.165.2024 dated 09.11.2024 on the file of the 2nd respondent to defreeze the petitioner's in account A/C.No.1118000400834488 maintained by petitioner with the 3rd respondent.

For Petitioner : Mr. S. Bharathi 1/6

Advocate.

For Respondents 1 and 2 : Mr. A.S. Abul Kalaam Azad Government Advocate (Crl.Side) For 3rd respondent : Mr.V. Balasubramanian

ORDER

The present Writ Petition has been filed to call for the records relating to the impugned proceeding dated 18.12.2025 passed by the 3rd respondent in connection with Crime No.165 / 2024, dated 09.11.2024 on the file of the 2nd respondent to defreeze the petitioner's in account A/C.No.1118000400834488 maintained by petitioner with the 3rd respondent.

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.A/C.No.1118000400834488 at Punjab National Bank, Allinagaram, (b) The petitioner came to know that his account had been frozen.

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 2/6

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.

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

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 third respondent / Bank shall keep only a lien amount of Rs.40,000/- 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.

8. With the above observations and directions, this Writ Petition is 4/6

disposed of. No costs.

11.02.2026 TRP Index : yes / No Internet : yes / No Note : Issue order copy on 16.02.2026 TO 1.The Superintendent of Police, Theni District, 2.The Inspector of Police, Gudalur Police Station, Theni District.

3.The Branch Manager, Punjab National Bank, Allinagaram, Theni.

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S.SRIMATHY,J TRP

ORDER

IN WP CRL.(MD) No.729 of 2026 Date : 11.02.2026 6/6