Madras High CourtCRL OP(MD)/19311/2019allowed

Mohammed Javith v. The Inspector Of Police

2021-11-26Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.19311 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19311 of 2019 Mohammed Javith .. Petitioner Vs.

The State, Rep. by Inspector of Police, Gandhi Market Police Station, Trichy District.

.. Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to defreeze the account of the petitioner maintained in IDFC Bank, Adayar Branch, Chennai, vide his savings A/C No.10024442529, as the amount had been settled and the same is recorded in Crl.O.P. (MD).No.20203 of 2018.

For Petitioner : Mr.Niranjan S.Kumar For Respondent : Mr.M.Muthumanikkam Counsel for Government of Tamil Nadu (Crl. Side)

ORDER

This petition has been filed seeking order to defreeze the account of the petitioner maintained in IDFC Bank, Adayar Branch, Chennai, vide his savings A/C No.10024442529, as the amount had been settled and the same is recorded in Crl.O.P.(MD).No.20203 of 2018. 2.The case of the petitioner is that a case has been registered in Crime No.660 of 2018 on 13.10.2018 for the offences punishable under Sections 406, 409, 420 of IPC and 66(C) (D) of IT Act, 2000, against seven persons. This Petitioner is the first accused in the above said crime. The learned counsel for the petitioner submitted that the matter has been compromised between the parties and so Crl.O.P.(MD).No.20203 of 2018 has been filed by all the accused persons before this Court seeking anticipatory bail.

During the pendency of the above said application, the matter was referred to Mediation and in the Mediation, the matter has been settled between the parties. On that basis the anticipatory bail was made absolute by the order of this Court dated 21.01.2019. Since the matter has been settled between the parties, the counsel for the petitioner submitted that even after the above said compromise between the parties, the account which has been freezed has not been defreezed so far.

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Crl.O.P.(MD)No.19311 of 2019 3.Since the matter has been compromised between the parties, this petition liable to be allowed and there shall be a direction to the respondent to defreeze the account of the petitioner maintained in IDFC Bank, Adayar Branch, Chennai, vide his savings A/C No.10024442529.

4.With the above directions, this criminal original petition is allowed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, Gandhi Market Police Station, Trichy District.

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

+1 CC to M/s.NIRANJAN S KUMAR, Advocate ( SR-36368[F] dated 29/11/2021 ) Crl.O.P.(MD)No.19311 of 2019 26.11.2021 MGJ(20.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2