Nagapandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Nagapandi : Petitioner Vs.

1.The State of Tamil nadu rep by The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District, Crime No.179 of 2024.

3.The Branch Manager, Indian Overseas Bank, Uchipuli Branch, Ramanathapuram District.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct he respondents to de-freeze his bank account in Account No. 027101000023933 at Indian Overseas Bank, Uchipuli Branch, Ramanathapuram District in connection with Crime No.179 of 2024 on the file of the second respondent within a time frame as fixed by this Court. For Petitioner : Mr.D.Venkatesh For R1 and R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/5

ORDER

The petitioner is an accused in Crime No.179 of 2024 on the file of the second respondent police. He was arrested and then released on bail. The petitioner contends that without any instructions, the petitioner's bank account in Indian Overseas Bank in Account No.027101000023933 was frozen by the respondent bank and the petitioner was not allowed to operate his bank account. Hence, the petitioner has sent a representation to the bank. However, no action has been taken. Hence, he has filed this petition.

2.The learned counsel for the petitioner contends that in view of freezing the account of the petitioner, the petitioner was not able to meet out his day to day expenses. Further, the respondent bank without issuing any prior notice and without following any due procedure, has frozen the account.

3.The learned Additional Public Prosecutor appearing for the respondent police submits that in this case the petitioner was found in possession of 1.8 kgs of banned tobacco. Hence, he was arrested and remanded to custody. Thereafter, the petitioner was released on bail. He 2/5

further submits that the petitioner has been periodically involving in such crimes and he is regularly dealing with drugs. Hence, the account of the petitioner was frozen and it was also informed to him. Now the petitioner claims that he was not informed about the freezing of his account. He further submits that the petitioner is not cooperating for enquiry. 4.By way of reply, the learned counsel for the petitioner submits that the petitioner is ready to appear before the respondent police and give his explanation.

5.Considering the submissions made on either side, the petitioner is directed to appear before the respondent police and give his explanation. On receiving such explanation, the respondent police shall conduct enquiry and pass appropriate orders in the manner known to law. 6.With the above direction, this Criminal Original Petition is disposed of.

10.12.2024 NCC : Yes/No Index : Yes / No ta 3/5

To 1.The State of Tamil nadu rep by The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District, Crime No.179 of 2024.

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

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M.NIRMAL KUMAR,J.

ta 10.12.2024 5/5