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Madras High CourtWP(MD)/25338/2023disposed of

Sethuraman @ Sethu Ramachandran v. The General Manager

2026-06-18Honourable Mr.Justice Hemant Chandangoudar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P(MD) No. 25338 of 2023 Sethuraman @ Sethu Ramachandran .. Petitioner - Vs. -

1. The General Manager, Indian Bank, Peravurani Branch, NSN Plaza, 1st Floor, 55-56, Big Bazar Street, Pattukottai, Thanjavur District.

2. The State Represented by, The Inspector of Police, Thanjavur District Crime Branch, Police Station, Thanjavur.

Crime No. 6 of 2023.

.. Respondents (R2 is Suo Motu Impleaded Vide Court Order dated 19.01.2023 in W.P(MD)No.25338 of 2023 by GRSJ) Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to un-freeze the Account No. 781944700 by considering his representation 18.09.2023, within the time that may be stipulated. 1/4

For Petitioner : Mr.K.Mahendran For Respondents : Mr.C.Karthick for R1 : Mr.R.Ramasamy, Government Advocate for R2

ORDER

The petitioner is before this Court seeking a direction to the respondent to defreeze the Account No.781944700.

2. The petitioner's bank account has been frozen by the respondent bank on the instruction received from the respondent police on the ground that the petitioner is under investigation for the offence punishable under Section 420 IPC.

3. The freezing of the bank account of a person who is subjected to investigation or trial can be done only on the permission granted by the Jurisdictional Magistrate under Section 107 of BNS, 2023. In the instance, the second respondent, without obtaining permission from the jurisdictional Magistrate had instructed the respondent bank to freeze the 2/4

account of the petitioner and therefore, the freezing of the account is illegal and arbitrary.

4. Accordingly, the Writ Petition is allowed. The first respondent is hereby directed to defreeze the petitioner's bank Account No. 781944700 forthwith. However, liberty is preserved with the second respondent to take such action as is permissible in law. No Costs. 18.06.2026 Index :Yes / No NCC :Yes / No PJL To The Inspector of Police, Thanjavur District Crime Branch, Police Station, Thanjavur.

Crime No. 6 of 2023.

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HEMANT CHANDANGOUDAR, J.

PJL 18.06.2026 4/4