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,
https://www.mhc.tn.gov.in/judis/
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
https://www.mhc.tn.gov.in/judis/
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.
https://www.mhc.tn.gov.in/judis/
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
https://www.mhc.tn.gov.in/judis/
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
https://www.mhc.tn.gov.in/judis/
Crl.OP.Nos.15894, 15898,15900 and 16537 of 2020 dt.11.01.2021
To
1. The Deputy Superintendent of Police,
CS CID-Chennai,
Tiruppur Police Station,
Tiruppur District.
2. The Public Prosecutor,
High Court, Madras.
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
msr
Crl.OP.Nos.15894, 15898, 15900
and 16537 of 2020
11.01.2021
https://www.mhc.tn.gov.in/judis/
