P.Balan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN P.Balan ... Petitioner Vs.

1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, District Crime Branch, Karur District, Karur.

3.The Branch Manager, Kotak Mahindra Bank, Anna Nagar Branch, Chennai - 600 040.

4.The Branch Manager, State Bank of India, Thiruverkadu Branch, Plot No.1-3,Lingesswara Nagar, Thiruverkadu - 600077.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents to defreeze the petitioner's savings bank account bearing No.0945776329 in the Respondent No.3 bank and savings bank account 1/4

bearing No.30044110770 in the Respondent No.4 bank by considering the representation, dated 23.12.2022.

For Petitioner : Mr.Sathiaraj.J For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

Seeking defreezing of the accounts that was freezed by the 2nd respondent which is also executed by the 4th respondent herein, by considering the petitioner's representation, dated 23.12.2022.

2. It is seen that wherein the transaction occurred in the bank account, the Bank was directed to produce the statement of accounts and they have also produced the same. The respondents Bank officer were also present before this Court and stated that so far no transaction has occurred in the above said accounts. But, during the course of investigation, it was found that money involved in the above said offence was received in cash by this petitioner, from the first accused. So far, the above said amount was not deposited in the account. It is also further seen that Crl.O.P(MD).No.6806 of 2022 was moved by this petitioner before this Court seeking anticipatory bail and that was considered by this Court, vide order, dated 18.04.2022 on condition to deposit a sum of Rs.60,000/- and the same was also 2/4

complied with by the petitioner.

3. (*)As no transaction alleged to have taken place in respect of the Crime No.12 of 2021, freezing of account at this stage is not proper. Hence, the 3rd and 4 th respondents herein are directed to defreeze the account immediately .

4. This Criminal Original Petition is allowed to the above extent. Sd/- Assistant Registrar(AE) (*)Corrected as per order of this Court dated 03/09/2024 made in CRL.OP(MD)No.4742 of 2023.

Sd/- Assistant Registrar (CO) // True Copy // /09/2024 Sub Assistant Registrar (CS - I, II, III, IV) Trp To (*)To be substituted to the order already despatched on 16/06/2023 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, District Crime Branch, Karur District, Karur.

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3.The Branch Manager, Kotak Mahindra Bank, Anna Nagar Branch, Chennai - 600 040.

4.The Branch Manager, State Bank of India, Thiruverkadu Branch, Plot No.1-3,Lingesswara Nagar, Thiruverkadu - 600 077.

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

21.04.2023 RD (15/06/2023) 4P 6C SL(13.09.2024)/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4