Madras High Court

P. Jayapal vs The State on 11 January, 2021

Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Crl.OP.Nos.15894, 15898, 15900
and 16537 of 2020

1. P. Jayapal ... Petitioner in
Crl.OP.15894/2020

2. J. Yamuna,
W/o.P.Jayapal ... Petitioners 1 and 2 in
Crl.OP.15898, 15900 &
16537/2020

Vs.

1. The State, rep. By
the Deputy Superintendent of Police,
CS CID-Chennai,
Tiruppur Police Station,
Tiruppur District.
(Crime No.129 of 2020)
2. The Manager,
Bank of Baroda,
Uthukuli Branch,
Hospital Road,
Uthukuli,
Erode District,
Pin Code; 638 7512 ... Respondents

Prayer in Crl.O.P.No.15894 of 2020: Criminal Original Petition is filed
under Section 482 of Criminal Procedure Code to direct the respondents to
defreeze the accounts of petitioner bearing Number: 05500100002335
maintained with the 2nd respondent bank.
Prayer in Crl.O.P.No.15898 of 2020: Criminal Original Petition is filed
under Section 482 of Criminal Procedure Code to direct the respondents to
defreeze the accounts of petitioners bearing Numbers:510909010085415,
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Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

50010101010410127, 510909010145177, 510909010112489 maintained
with the 2nd respondent bank.
Prayer in Crl.O.P.No.15900 of 2020: Criminal Original Petition is filed
under Section 482 of Criminal Procedure Code to direct the respondents to
defreeze the accounts of petitioners bearing Number: 360132255210
maintained with the 2nd respondent bank.
Prayer in Crl.O.P.No.16537 of 2020: Criminal Original Petition is filed
under Section 482 of Criminal Procedure Code to direct the respondents to
defreeze the accounts of petitioners bearing Numbers:
00000035646776944, 00000035359052622, 00000037838424210
nd
maintained with the 2 respondent bank.

In all Crl.O.Ps.
For Petitioners : Mr.Myilsamy
For Respondents : Mr.M. Mohamed Riyaz
APP for R1
Mr.N.Elumalai for R2

C O M M ON O R D E R

The issues involved in all these Criminal Original Petitions are

common and hence they are heard together and disposed of through this

common order.

2. These petitions have been filed challenging the freezing of the

Savings Bank Account and Current Account of the petitioners maintained

in the 2nd respondent Bank.

3. The case of the petitioners is that an FIR came to be registered in
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Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

Cr.No.129 of 2020 against the petitioners and two others for an offence

under Section 2(e), 4 of the Motor Spirit and High Speed Diesel

(Regulation of Supply, Distribution and Prevention of Malpractices) order

2005 r/w.7(1) a (ii) of Essential Commodities Act 1955 and 285 IPC. In the

course of investigation, the 1st respondent police seems to have taken steps

to freeze the Savings Bank Account and Current Account of the petitioners

and also the company. Aggrieved by the same, the present petitions have

been filed before this Court.

4. The learned counsel for the petitioners submitted that freezing of

the accounts by the respondent police is totally unwarranted and the same

is violative of the mandatory requirements under section 102 of Cr.P.C.

5. The learned Govt. Advocate appearing on behalf of the respondent

Police submitted that the Bank Accounts were freezed on 22.09.2020 and

the same was intimated to the Judicial Magistrate II, Thiruppur on

4.1.2021. The learned counsel submitted that such freezing accounts was

considered to be essential in the course of investigation.

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Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

6. This Court has carefully considered the submissions made on

either side and the materials available on record.

7. Freezing of Bank Accounts has been held to fall within the

purview of Section 102 of Code of Criminal Procedure since the Bank

Account is treated to be a moveable property. Where the Bank Account is

freezed without notice to the concerned person and report is not

immediately sent to the jurisdictional Magistrate Court, the freezing of

Bank Accounts gets vitiated and the same requires the interference of the

Court.

8. Useful reference can be made to the judgment of the Honourable

Supreme Court in the case of State of Maharashtra Vs.Tapas D.Neogy

reported in 1997 (7) SCC Page 685. This Court has also taken into

account the judgment of this Court in the case of T.Subbulakshmi and

another vs. The Commissioner of Police, Chennai-8 and others

reported in 2016 (2) MWN (Cr.) 411.

9. In the present case, the Bank account has been freezed without

notice to the petitioner and without a report submitted to the Magistrate. In
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Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

fact, the intimation has been given to the Magistrate only last week well

after the present petition was filed before this Court in the month of

September 2020. Therefore, the action on the part of the respondent police

in freezing the Bank accounts maintained before the 2nd respondent Bank

is completely vitiated and it is unsustainable in the eyes of law.

10. In view of the above, this Court has no hesitation to order for the

defreezing of the accounts of the petitioners maintained before the 2 nd

respondent Bank forthwith. If the respondent police, in the course of

investigation, wants to freeze the Bank Accounts, mandatory requirements

as provided under section 102 Cr.P.C and the law on the issue will have to

be strictly complied with.

11. These Criminal Original Petitions are accordingly allowed.

11.01.2021

Index :Yes/No
Internet:Yes/No
Speaking/Non speaking order
msr

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Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

1. The Deputy Superintendent of Police,
CS CID-Chennai,
Tiruppur Police Station,
Tiruppur District.

2. The Public Prosecutor,
High Court, Madras.

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Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

N. ANAND VENKATESH,J

msr

Crl.OP.Nos.15894, 15898, 15900
and 16537 of 2020

11.01.2021

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

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Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020

N.ANAND VENKATESH., J.

Today, the matter was listed under the caption “for being

mentioned” at the instance of learned counsel for the petitioners.

2.It is seen from records that the name of the 2 nd respondent

Bank is different in all the three petitions and whereas, it is

mentioned as Bank of Baroda in all the three criminal original

petitions. The cause title shall be independently typed in each

criminal original petition. That apart, in Crl.O.P.No.15900 of 2020, the

account number has been mentioned as 360132255210. Instead, the

account number shall be mentioned as 36013225210.

3.The corrected cause title and prayer shall read as follows:

“

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Crl.OP.Nos.15894, 15898, 15900 and 16537 of 2020

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

Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

Crl.OP.No.15894 of 2020

P. Jayapal .. Petitioner

Vs.

1.The State, rep. By The Deputy Superintendent of Police, CS CID-Chennai, Tiruppur Police Station, Tiruppur District.

(Crime No.129 of 2020)

2.The Manager, Bank of Baroda, Uthukuli Branch, Hospital Road, Uthukuli, Erode District, Pin Code: 638 7512 ... Respondents

Prayer : Criminal Original Petition is filed under Section 482 of Criminal

Procedure Code to direct the respondents to defreeze the accounts of

petitioner bearing Number: 05500100002335 maintained with the 2nd

respondent bank.

Crl.OP.No.15898 of 2020

1.P. Jayapal

2. J. Yamuna .. Petitioners

Vs.

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

Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

1.The State, rep. By The Deputy Superintendent of Police, CS CID-Chennai, Tiruppur Police Station, Tiruppur District.

(Crime No.129 of 2020)

2.The Manager, City Union Bank, Uthukuli Branch, No.32/6, Tiruppur Road, Uthukuli, Erode District, Pin Code: 638 7512 ... Respondents

Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the respondents to defreeze the accounts of petitioners bearing Numbers:510909010085415, 50010101010410127, 510909010145177, 510909010112489 maintained with the 2nd respondent bank.

Crl.OP.No.15990 of 2020

1.P. Jayapal

2. J. Yamuna .. Petitioners

Vs.

1.The State, rep. By The Deputy Superintendent of Police, CS CID-Chennai, Tiruppur Police Station, Tiruppur District.

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

Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

(Crime No.129 of 2020)

2.The Manager, State Bank of India, Uthukuli Branch, 17, Old Kangeyam Road, Uthukuli RS, Erode District, Pin Code: 638 7512 ... Respondents

Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the respondents to defreeze the accounts of petitioners bearing Number: 36013225210 maintained with the 2nd respondent bank.

Crl.OP.No.16537 of 2020

1.P. Jayapal

2. J. Yamuna .. Petitioners

Vs.

1.The State, rep. By The Deputy Superintendent of Police, CS CID-Chennai, Tiruppur Police Station, Tiruppur District.

(Crime No.129 of 2020)

2.The Manager, State Bank of India, Uthukuli Branch, Uthukuli, Erode District, Pin Code: 638 7512 ... Respondents

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

Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the respondents to defreeze the accounts of petitioners bearing Numbers: 00000035646776944, 00000035359052622, 00000037838424210 maintained with the 2nd respondent bank. ”

4.The Registry is directed to carry out the necessary corrections

and issue a fresh order copy to the learned counsel for the petitioners

as well as the learned Additional Public Prosecutor appearing on

behalf of the respondent police.

24.08.2021 ssr

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

Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021

N.ANAND VENKATESH., J.

ssr

Crl.OP.Nos.15894, 15898, 15900 and 16537 of 2020

24.08.2021

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