S.Jayapal v. The Assistant General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2025 CORAM :

THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Jayapal ... Petitioner Vs

1. The Assistant General Manager, (Surveillance and Investigations), State Bank of India, Local Head Office (LHO), Chennai - 600 006.

2. State Bank of India, Represented by its Branch Manager, S. Tharaikudi Branch, S. Tharaikudi Village, Kadaladi Taluk, Ramanathapuram District - 623 135.

3. The Inspector of Police, Tambaram City - CCB, Tambaram CCB NCRP Nodal Officer, Tambaram, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5

respondents to defreeze the Savings Bank Account bearing No. 38969115839 maintained by the writ petitioner with the 2nd respondent Bank forthwith and enable the writ petitioner to operate the same. For Petitioner : Mr.S.Meena, For Respondent : Mr.C.Karthik (R1-R2) : Mr.R.Meenakshi Sundaram (R3) Additional Public Prosecutor

O R D E R

This petition is for a writ of Mandamus to direct the respondents to defreeze the petitioner's Bank Account maintained with the second respondent.

2.It is the case of the petitioner that he is not an accused in any case; that on 12.05.2025, when he wanted to operate his account, it was informed to him by the Branch Manager that he had received intimation from the Cyber Crime Police, namely, third respondent herein for freezing the account and a copy of the e-mail received from the Head Office had also been furnished to him and that later the petitioner came to know that a sum of Rs.60,000/- was credited to the account of the 2/5

petitioner, which was found to be suspicious, out of which, a sum of Rs. 49,000/- belongs to the defacto complainant.

3.The learned Counsel for the petitioner would submit that this Court had in several cases held that lien can be marked in respect of the suspicious amount involved and that the entire amount cannot be frozen. 4.Per contra, the learned Additional Public Prosecutor would submit that the suspicious transaction amount is Rs.49,000/- and a lien may be marked for the said amount.

5.This Court had repeatedly held that where the suspect transaction is identified and the petitioner is not an accused in a case, lien can be marked over the said amount instead of freezing the entire account. 6.Accordingly, this Court is inclined to direct the respondents to defreeze the petitioner's Bank account by marking lien over a sum of Rs. 49,000/-, which is lying in the petitioner's account. 3/5

7.With the above direction, this writ petition is ordered. 28.10.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Inspector of Police, Tambaram City - CCB, Tambaram CCB NCRP Nodal Officer, Tambaram, Chennai.

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

4/5

SUNDER MOHAN , J.

LR 28.10.2025 5/5