[Cites 1, Cited by 0]
Madras High Court
P.Silambarasi vs State Of Telangana on 17 February, 2026
Author: S.Srimathy
Bench: S.Srimathy
WP CRL.(MD). No.865 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 17.02.2026
CORAM
THE HONOURABLE MRS. JUSTICE S.SRIMATHY
WP CRL.(MD). No.865 of 2026
P.Silambarasi, ... Petitioner
Vs.
1. State of Telangana
Rep by the Inspector of Police,
Zaheerabad Town Police Station,
Sangareddy District.
2. State Bank of India
Bypass Branch Madurai,
Madurai District.
Tamil Nadu ... Respondents
PRAYER :- This Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus directing the 2nd respondent to
defreeze the petitioner's primary Saving Bank Account No.67050745107
of Bypass Branch, Madurai, Tamilnadu, forthwith and allow the
petitioner to operate the account regularly without any hindrance by
considering petitioner's representation.
For Petitioner : Mr.S.Harish
For Respondents : Mr.A.S.Abul Kalaam Azad,
Government Advocate (Crl.Side) for R1)
1/6
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WP CRL.(MD). No.865 of 2026
ORDER
The present Writ Petition has been filed for the issuance of a Writ
of Mandamus, to direct the second respondent to defreeze the petitioner's
bank account bearing Account No.67050745107.
2. The facts leading to the filing of the petition are as follows:
(a) The petitioner is holding a current account bearing A/c No.
67050745107 at Bypass branch, Madurai, Tamil Nadu.
(b) The petitioner came to know that his account had been frozen.
3. The learned Counsel appearing for the petitioner would submit
that the petitioner is not an accused in any criminal case; the act of the
second respondent freezing the entire account is illegal and violates the
fundamental rights of the petitioner; that though pursuant to the alleged
communication sent by the 1st respondent, the second respondent was
obliged to obey the directions, the second respondent ought to have
informed the petitioner about the action taken thereon; and that having
failed to do so, it has breached the contract with the petitioner.
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4. The learned Counsel appearing for the 1st respondent would
submit that the account of the petitioner was frozen on the basis of the
case was registered in Crime No.295 of 2024.
5. On perusal of the records, it is clear that there is nothing on
record to show that the 1st respondent had requested the second
respondent to freeze the entire account. The fact is that account has been
frozen and the petitioner is unable to operate the account.
6. It is seen that in similar circumstances, this Court had observed
that when the alleged fraudulent amount is quantified, the freezing of the
whole account would not be justified. Similar view was taken by the
learned Single Judge of this Court in W.P.(MD).No.15684 of 2024 dated
15.07.2024, wherein, it was held that:
“3. The respondent is permitted to retain the aforesaid sum by
marking lien on the petitioner's account. Subject to such marking
of lien, the petitioner is permitted to operate their bank account.
The freezing effected on the petitioner's bank account is lifted to
the aforesaid extent. T\his writ petition stands allowed . No costs.
Consequently, connected miscellaneous petitions are closed.”
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7. Accordingly, this writ petition is disposed of on the following
directions:
(a). The second respondent / Bank shall keep only a lien amount
of Rs.8,000/- and permit the petitioner to operate the account forthwith
(b). The petitioner is at liberty to move to the concerned
Jurisdictional Magistrate for recall of the lien marked over the quantified
amount, if he is so advised.
8. With the above observations and directions, this Writ Petition
(Criminal) is disposed of.
17.02.2026
NCC : Yes/No
Index : Yes/No
Internet:Yes
msrm
Note : Issue order copy on 19.02.2026
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To
1. The Inspector of Police,
Zaheerabad Town Police Station,
Sangareddy District.
2. The State Bank of India
Bypass Branch Madurai,
Madurai District.
Tamil Nadu
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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S.SRIMATHY,J
msrm
17.02.2026
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