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Madras High CourtWP(MD)/3771/2023allowed

Sujatha.M v. The Superintendent Of Police

2023-04-27Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 27/04/2023

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN WP(MD)No.3771 of 2023 M.Sujatha : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Palainyankottai Road, Thoothukudi.

2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Palainyankottai Road, Thoothukudi.

3.The Inspector of Police, Pudukottai Police Station, Thoothukudi. : Respondents Prayer: Writ Petition has been filed under Articles 226 of the Constitution of India, to direct the respondents, by considering the petitioner's representation, dated 29/11/2022, to unfreeze the Savings Bank Account No.30066831855 in State Bank of India in the name of the petitioner Sujatha within a time frame. For Petitioner : Mr.R.Babu Jaganath For Respondents : Mr.N.Nambiselvan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the respondents by considering the petitioner's representation, dated 29/11/2022, unfreeze the Savings Bank Account No.30066831855 in State Bank of India in the name of the petitioner within a time frame.

2.The facts in brief:- The husband of the petitioner namely Muniraj is involved in Crime No.182 of 2022 under section 379 IPC. He was arrested and remanded to custody, later, released on bail. In the meantime, the account maintained by the petitioner with the State Bank of India, Anna Nagar Branch, Madurai, bearing Account No.30066831855 was freezed by the respondents for unknown reasons. She has maintained the above said account for the purpose of savings, meeting out the house-hold expenses and payment of housing loan. But no suspicious transaction took place in her account. On that account, she sent a representation, dated 29/11/2022. But that was not considered within a reasonable time.

3.Heard both sides.

4.When the matter was taken up for hearing, on 10/03/2022, the learned Additional Public Prosecutor was required to verify, whether any suspicious transaction took in the account of this petitioner. On that account, the matter was adjourned and the statement of the account of the petitioner was also ordered to be produced. Later, the learned Additional Public Prosecutor has submitted that no suspicious transaction took place in the account of this petitioner. More-over, as per the direction of this court, the petitioner has also produced the statement of account, wherein also, we find that no suspicious transaction has taken place. This has been fairly admitted by the learned Additional Public Prosecutor.

5.In view of the above said submission, I find that freezing of the account by the respondents is not proper. Accordingly, this writ petition is allowed. No costs. 27/04/2023 Index:Yes/No Internet:Yes/No er

To, 1.The Superintendent of Police, Office of the Superintendent of Police, Palainyankottai Road, Thoothukudi.

2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Palainayankottai Road, Thoothukudi.

3.The Inspector of Police, Pudukottai Police Station, Thoothukudi.

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

G.ILANGOVAN, J er WP(MD)No.3771 of 2023 27.04.2023