Arun v. Canara Bank,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Arun ... Petitioner Vs

1. Canara Bank, Represented by the Branch Manager, Idayankudi Branch, Tirunelveli District.

2. The State of Tamilnadu, Represented by the Inspector of Police, Uvari Police Station, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first respondent to defreeze the Savings Bank Account of the petitioner bearing A/C.No.9113101002729 forthwith.

For petitioner : Mr. M.Nandhini Priyadharshini For respondents : Mr.P.Pethu Rajesh Standing Counsel for R1 1/6

Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) for R2 *****

ORDER

This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioner, the learned Standing Counsel for the first respondent and the learned Government Advocate (Crl.Side) for the second respondent.

2. The case of the petitioner is that the petitioner's bank account bearing A/C.No.9113101002729 has been frozen by the Head Office of the first respondent pursuant to which the petitioner is unable to access the amounts lying in the petitioner's aforesaid account with the first respondent.

3. The learned Standing Counsel for the first respondent submits that the petitioner's account has been put on hold for debiting the amount only. However, there is no impediment for depositing any amount into the account. 2/6

4. The learned Government Advocate (Crl.Side) for the second respondent, on the other hand, submits that the petitioner is the prime accused in FIR registered in Crime No.201/2024 dated 19.11.2024 for the offences under Sections 406 and 420 IPC along with his wife, namely, Chandra Kala.

5. A reading of the FIR registered in Crime No.201/2024 dated 19.11.2024 indicates that the complaint has been made by one Sahaya Joyson on his behalf and on behalf of his brother, namely, Antony Sahaya Daison, against the petitioner and his wife, Chandra Kala that they have received a sum of Rs.10,90,000/- by promising the defacto complainant and his brother to get a job in Mauritius. However, they have failed to do so. It is submitted that investigation is still pending against the petitioner.

6. At this stage, the learned Standing Counsel for the first respondent submits that the account has not been frozen at the behest of the second respondent.

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7. It is submitted that as per the procedure followed, in case suspicious deposits of amounts into the account, Mule accounting is followed as per RBI Circular.

8. It is however submitted that the petitioner's representation dated 27.03.2025 and the legal notice dated 03.04.2025 will be addressed after getting necessary inputs from the second respondent and the defacto complainant. Thereafter, the bank account of the petitioner, if required, will be allowed to be operated in accordance with the RBI Circular binding on the first respondent.

9. Recording the same, this Writ Petition is disposed of directing the first respondent to call upon the petitioner for hearing in response to the notice issued by the petitioner after obtaining necessary inputs from the office of the second respondent and if required, the defacto complainant as well before the final orders are passed.

10. Entire exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. 4/6

11. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 14.08.2025 Internet : Yes / No apd To

1. Canara Bank, Represented by the Branch Manager, Idayankudi Branch, Tirunelveli District.

2. The State of Tamilnadu, Represented by the Inspector of Police, Uvari Police Station, Tirunelveli District.

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C.SARAVANAN, J.

apd 14.08.2025 6/6