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Madras High CourtCRL OP(MD)/15990/2023dismissed

S.Anguraja v. The Deputy Superintendent Of Police

2023-09-04Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.15990 of 2023 S.Anguraja ... Petitioner Vs.

1.The Deputy Superintendent of Police, Economic Offenses Wing, Trichy.

2.The Manager, Indian Overseas Bank, Indhira Nagar, Nanjikottai, Thanjavur.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the first respondent to defreeze the petitioner's bank account bearing Account No.275302000000095 in the second respondent Bank within the time stipulated by this Court. For Petitioner : Mr.R.Kavinprasath For R-1 : Mr.SS.Madhavan Government Advocate (Criminal Side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the first respondent to defreeze the petitioner's Bank Account bearing Account No.275302000000095 in the second respondent Bank within the time stipulated by this Court.

2. According to the learned counsel for the petitioner, the petitioner is no way concerned with the crime, however, the bank account of the petitioner was frozen by the respondent Police.

3. According to the respondent Police, a case has been registered in Crime No.78 of 2021 for the offences under Sections 406 and 420 of I.P.C. r/w Section 5 of TNPID Act and Sections 3, 5, 21 (1)

(2) (3), 23 and 25 of Banning of Unregulated Deposits Act, 2019 for the alleged offence that the accused persons failed to return the amount to the depositors.

4. The allegation in the FIR is that the number of depositors has been cheated by the original accused. The first respondent's contention is that the amount is not belonging to the petitioner. After 2/4

completion of investigation only, the Law Enforcing Authority shall come into the decision that the amount is not involved in the Crime. Therefore, this Court is not inclined to grant relief to the petitioner. Hence, this petition is dismissed with a liberty to the petitioner to file a petition after filing of final report.

04.09.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No tsg To 1.The Deputy Superintendent of Police, Economic Offenses Wing, Trichy.

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

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K.K.RAMAKRISHNAN. J.

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