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Madras High CourtWP(MD)/11033/2025disposed of

Suresh v. The Superintendent Of Police

2025-04-22Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Suresh ... Petitioner Vs.

1. The Superintendent of Police, O/o. Superintendent of Police, Thoothukudi District.

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Kovilpatti, Thoothukudi.

3. The Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

4. The Branch Manager, IDBI Bank, Sankarankovil Branch, No.266/2, 1st Floor, Rajapalayam Main Road, Sankarankovil, Tirunelveli - 627 756.

5. The Branch Manager, Karur Vysya Bank, Sankarankovil Branch, 191A/266, Rajapalayam Main Road, Sankarankovil, Tirunelveli - 627 756.

... Respondents Page No. 1 of 6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the respondents 1 to 3 to defreeze the savings bank accounts bearing account No. 1804104000035495 and 1804104000026327 maintaining with the 4th respondent and savings bank account bearing account No. 1636155000011240 maintaining with the 5th respondent based on the Notice dated 15.10.2024 made by the petitioner. For Petitioner : Mr. N.Shyllappakalyan For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) For R5 : Mr.V.Sukumar

O R D E R

This writ petition has been filed by the petitioner to direct the respondents no.1 to 3 to defreeze the savings bank accounts bearing account No.1804104000035495 and 1804104000026327 maintaining with the 4th respondent and savings bank account bearing account No. 1636155000011240 maintaining with the 5th respondent based on the Notice dated 15.10.2024 made by the petitioner.

2. The learned counsel appearing for the petitioner would submit that the petitioner was arrayed as an accused in Crime No.289 of 2022 for Page No. 2 of 6

the offences under Sections 294(b), 353, 506(2) of IPC and Section 8(C) read with Section 20(b)(A) of NDPS Act. Thereafter, the case has been charge sheeted and taken on file in C.C.No.136 of 2023 and the same was ended in acquittal by the learned Judicial Magistrate, kovilpatti through judgment dated 11.09.2024. In the meantime, the respondents no.1 to 3 have freezed the savings bank account of the petitioner and his father maintained with the respondents no.4 and 5. Even after the acquittal, the judgment passed by the competent Court, the respondents failed to defreeze the account. Therefore, he sent a representation dated 15.10.20254, but same has not been considered. Hence this petition.

3. The learned Government Advocate appearing for the respondents no.1 to 3 would submit that they will take appropriate action in accordance with law based on the representation of the petitioner dated 15.10.2024.

4. The learned counsel appearing for the respondent no.5 would submit that based on the request made by the 3rd respondent, they freezed the account. Now the petitioner was acquitted from the case and after obtaining orders from the respondents no.1 to 3, they will act in Page No. 3 of 6

accordance with law.

5. Heard both sides and perused the records.

6. The prayer sought for in the petition is to defreeze the accounts maintained by the petitioner in the respondents no.4 and 5 banks by considering the petitioner's representation dated 15.10.2024. It is an admitted fact that the petitioner was arrayed as an accused in C.C.No.136 of 2023 for the offences under Sections 294(b), 353, 506(2) of IPC and Section 8(C) read with Section 20(b)(A) of NDPS Act. Thereafter, the case was disposed of by acquitting the petitioner. The date of the judgment is 11.09.2024 and thereafter, the petitioner sent a representation dated 15.10.2024, but the same has not been considered. The learned Government Advocate has also admitted the acquittal and no any appeal has been filed as against the judgment of the learned Judicial Magistrate, Kovilpatti.

Therefore, the case attained finality and even after the acquittal, the respondents have not defreezed the account. However, the learned Government Advocate assured that they will take steps to defreeze the accounts in accordance with law. Therefore, recording the above said submissions, this Court directs the respondents to take steps to defreeze Page No.

the accounts based on the petitioner's representation dated 15.10.2024 within one month from the date of this order.

6. With the above said observation and direction, this writ petition is disposed of.

22.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Page No. 5 of 6

P.DHANABAL, J.

Mac To

1. The Superintendent of Police, O/o. Superintendent of Police, Thoothukudi District.

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Kovilpatti, Thoothukudi.

3. The Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

4. The Branch Manager, IDBI Bank, Sankarankovil Branch, No.266/2, 1st Floor, Rajapalayam Main Road, Sankarankovil, Tirunelveli - 627 756.

5. The Branch Manager, Karur Vysya Bank, Sankarankovil Branch, 191A/266, Rajapalayam Main Road, Sankarankovil, Tirunelveli - 627 756.

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

22.04.2025 Page No. 6 of 6