Ayishath Najiba v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14638 of 2023 Ayishath Najiba

...Petitioner

Vs.

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

2.The Inspector of Police, Cyber Crime Cell, Thoothukudi District, Thoothukudi.

3.The Manager, Indian Overseas Bank, Kayalpattinam Branch, Kayalpattinam, Thoothukudi District.

...Respondents

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to de-freeze the bank account number: 049101000017383, Indian Overseas Bank, Kayalpattinam Branch, Thoothukudi of the petitioner in accordance with law and inform the same to the 3rd respondent.

For Petitioner :Mr.Prem Ayathurai For Respondent :Mr.M.Sakthi Kumar for R1 & R2 Government Advocate (Crl. Side) :Mr.J.Alaguramjothi for R3 O RDER This petition is filed seeking direction to the second respondent to defreeze the bank account number:049101000017383, Indian Overseas Bank, Kayalpattinam Branch, Thoothukudi of the petitioner in accordance with law and inform the same to the 3rd respondent.

2.The learned counsel for the third respondent would submit that on the basis of the communication received from the Cyber Crime Police, Mumbai, account was frozen noting that a sum of Rs.1,46,575/- was transferred to the account of this petitioner by the accused, in the above said complaint. But other particulars are not available.

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3.On the basis of the above said request only, freezement has been made. The amount in dispute may be kept as balance by the petitioner till the disposal of the above said criminal case. An undertaking affidavit must be filed by the petitioner before the third respondent herein on this aspects. Third respondent may also watch the transaction in the above said matter. At no point of time, amount in dispute should be allowed to be withdrawn by the petitioner. 4.With the above said direction, the freezement of the account is set aside and the second respondent is directed to de-freeze the Bank account number:049101000017383, Indian Overseas Bank, Kayalpattinam Branch, Thoothukudi of the petitioner.

5.This Criminal Original Petition is allowed in terms of above condition, accordingly.

Speaking : Yes / No 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No 3/5

VSG To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Cyber Crime Cell, Thoothukudi District, Thoothukudi.

3.The Manager, Indian Overseas Bank, Kayalpattinam Branch, Kayalpattinam, Thoothukudi District.

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

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G.ILANGOVAN. J.

VSG Crl.O.P.(MD)No.14638 of 2023 19.10.2023 5/5