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Madras High CourtWP Crl.(MD)/2569/2026disposed of

Saifullah Mohamed Mydeen v. State Of Tamil Nadur Rep., By

2026-05-07Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.05.2026

CORAM

THE HONOURABLE Mrs.JUSTICE S.SRIMATHY Saifullah Mohamed Mydeen

...Petitioner

vs.

1. State of Tamil Nadur Rep., by, The Superintendent of Police, District Police Office, Dindigul District.

2. State of NCT Delhi Rep. by, The Station House Officer, Cyber Crime Police Station East, Pandav Nagar Near Trilokpuri, Sanjay Lake Metro Station, Delhi - 110091.

3. State of Karnataka rep by, The Inspector of Police, Channarayapatna Town Police Station, Bangalore - Mangalore Highway, Byrapura, Channarayapatna, Karnataka - 573116.

4. The Branch Manager, HDFC Bank Ltd., Dindigul Main Branch, Varadharaja Shopping Complex Main Road, Dindigul District.

...Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned e-mail Communication dated 14.08.2025, issued by the 4th respondent to freeze the petitioner's bank account in SB A/c.No. 50100567144672 and to quash the same as illegal and subsequently, direct the respondents to de-freeze the petitioner's account. For Petitioner : Mr.A.Syed Abdul Kather For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate for R1

ORDER

The present Writ Petition is filed for a Writ of Certiorarified Mandamus to quash the impugned e-mail communication dated 14.08.2025, issued by the 4th respondent to freeze the petitioner's bank account in SB A/c.No.50100567144672 and subsequently, direct the respondents to defreeze the petitioner's account.

2. Mr.A.S.Abul Kalaam Azad, learned Government Advocate (Crl. Side) takes notice for R1.

3. By consent on either sides, this Writ Petition is taken up for final disposal at the admission stage itself.

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4. The learned counsel appearing for the petitioner would submit that the petitioner is not an accused in any criminal case and the act of the fourth respondent in freezing the entire account is illegal and violates the fundamental rights of the petitioner. According to him, the alleged suspicious financial transaction is only a sum of Rs.810/-, however, for the said transaction, the petitioner's bank account is frozen in total.

5. It is seen that in similar circumstances, this Court had observed 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."

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6. Accordingly, this Court passes the following orders: (a) The fourth respondent / Bank shall mark a lien only for the quantified sum i.e., Rs.810/- 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.

7. With the above observations and directions, this Writ Petition is disposed of. No costs.

07.05.2026 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi Note: Issue order copy on 08.05.2026 4/6

To 1.The Superintendent of Police, District Police Office, Dindigul District.

2.The Station House Officer, State of NCT Delhi, Cyber Crime Police Station East, Pandav Nagar Near Trilokpuri, Sanjay Lake Metro Station, Delhi - 110091.

3. The Inspector of Police, State of Karnataka, Channarayapatna Town Police Station, Bangalore - Mangalore Highway, Byrapura, Channarayapatna, Karnataka - 573116.

4. The Branch Manager, HDFC Bank Ltd., Dindigul Main Branch, Varadharaja Shopping Complex Main Road, Dindigul District.

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S.SRIMATHY, J.

mbi 07.05.2026 6/6