M.Ramamurthy vs State Represented By
2021 Latest Caselaw 1249 Mad

                                                                                 Crl.O.P.No.20823 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 20.01.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.20823 of 2018

                     M.Ramamurthy                                                        .. Petitioner
                                                                Vs.

                     1. State Represented by
                        The Inspector of Police,
                        Central Crime Branch,
                        Team-I, Vepery,
                        Chennai.

                     2. M.Abdul Salam                                                 ...Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the 1st respondent to defreeze the bank accounts
                     maintained by the petitioner with the respective or any other order or orders
                     as this Court may deem fit and proper under the circumstances of the above
                     case.

                                          For Petitioner        : Mr.D.Dayalan

                                          For Respondent        : Mr.C.Raghavan
                                                                  Government Advocate


                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.20823 of 2018

                                                          ORDER

This petition has been filed for a direction to the 1st respondent to de-

freeze the bank accounts maintained by the petitioner before the Axis Bank,

IDBI Bank and Federal Bank.

2.The case of the petitioner is that an FIR came to be registered in

Crime No.67 of 2018 based on the complaint given by the 2 nd respondent. It

is seen from records that the petitioner and the 2nd respondent had some

business transactions and according to the 2nd respondent, the petitioner has

cheated him.

3.The learned Government Advocate appearing on behalf of the 1st

respondent submitted that the bank accounts were freezed on 04.04.2018

and the same was intimated to the Special Court for the CCB, CBCID,

Egmore on 04.09.2018. The learned Government Advocate further

submitted that the investigation is almost at the stage of completion.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20823 of 2018

4.In the considered view of this Court, freezing of the bank accounts

of the petitioner is vitiated since, the mandatory procedure under Section

102 of Cr.P.C. has not been complied with and the concerned Court was not

intimated immediately after the account was freezed. Useful reference can

be made to the judgment of this Court in the case of Uma Maheswari and

Another vs. State rep. by the Inspector of Police, CCB, Egmore, Chennai

and Another reported in 2014 1 MLJ Crl 262. The first respondent is

directed to defreeze the accounts of the petitioner by giving intimation to

the concerned Banks. If the 1st respondent wants to freeze the accounts, the

mandatory procedure under Section 102 of Cr.P.C. shall be followed.

5.This criminal original petition is disposed of.

20.01.2021

Index :Yes/No Internet:Yes/No ssr

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20823 of 2018

N. ANAND VENKATESH,J

ssr

To

1. The Inspector of Police, Central Crime Branch, Team-I, Vepery, Chennai.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20823 of 2018

20.01.2021

https://www.mhc.tn.gov.in/judis/