Sathiya @ Sivaprakasam vs State By
2025 Latest Caselaw 7187 Mad

Madras High Court

Sathiya @ Sivaprakasam vs State By on 17 September, 2025

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                                          Crl.O.P.No.25487 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 17.09.2025

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE N. SATHISH KUMAR

                                              Crl.O.P.No.25487 of 2025

                 Sathiya @ Sivaprakasam                                                          ... Petitioner
                                                               Vs.
                 1.State by
                 Inspector of Police
                 P2 Otteri Police Station, Chennai
                 (Cr.No.1340 of 2024)

                 2. The Branch Manager
                 Axis Bank
                 Choolaimedu Branch
                 No.242, Choolaimedu High Road
                 Choolaimedu, Chennai - 600 094                                             ... Respondents

                 PRAYER : Criminal Original Petition is filed under Section 528 of BNSS,
                 directing the respondents 1 & 2 to defreeze the petitioner's Bank Account
                 No.922020006841101 in the 2nd respondent bank forthwith.
                                    For Petitioner  : M/s.K.Sruthi
                                    For Respondents : Mr.R.Vinothraja for R1
                                                      Government Advocate (Crl.Side)

                                                          ORDER

This Petition has been filed to direct the respondents to defreeze the

petitioner's Bank Account No.922020006841101 in the 2nd respondent bank

forthwith

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

Cr.No.1340 of 2024 against the petitioner on 09.12.2024. Thereafter the

petitioner having been in incarceration, moved bail application and released

on bail. Having complied with the order the second respondent Bank on

31.12.2024 seems to have taken steps to freeze the Savings Bank Account

of the petitioner. Aggrieved by the same, the present petition has been filed

before this Court.

3. The learned counsel for the petitioner submitted that freezing of

the current bank account by the respondent police is totally unwarranted

and the same is violative of the mandatory requirements under section 102

of Cr.P.C.

4. This Court has carefully considered the submissions made on

either side and the materials available on record.

5. 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 movable property. Where the Bank Account is

freezed without notice to the concerned person and report is not

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immediately sent to the jurisdictional Magistrate Court, the freezing of

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

Court.

6. 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.

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

notice to the petitioner and without a report submitted to the Magistrate.

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. Such view of the matter

respondent police is directed to send a communication to the second

respondent Bank to de-freeze the Bank accounts of the petitioners within a

week from today.

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N. SATHISH KUMAR, J.

8. With the above direction, this Criminal Original Petition is

allowed.

                                                                                                17.09.2025

                 dhk
                 Neutral Citation     :Yes/No
                 Internet             : Yes/No

                 To

                 1.Inspector of Police
                 P2 Otteri Police Station, Chennai

                 2. The Public Prosecutor,
                 High Court of Madras.












https://www.mhc.tn.gov.in/judis              ( Uploaded on: 19/09/2025 12:03:13 pm )