Petitioner filed a criminal original petition under Section 482 CrPC seeking directions to police to secure the accused, impound passport, and seize assets. The court dismissed the petition as investigation was in progress.
No relief granted as investigation in the underlying FIR was found to be in progress.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2014
CORAM
THE HONOURABLE MS.JUSTICE K.B.K.VASUKI
Crl.O.P.No.13190 of 2014
Mr.Subash Swaminathan President, Hindu, Madras Sabha ... Petitioner Vs. 1.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai – 60 0004. 2.The Superintendent of Police, Diamond Nagar, Pudukottai, Tamil Nadu 622 003. 3.The Superintendent of Police, 6/172, Nethaji Nagar, Trichy Road, Namakkal 637 001.
4.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai 600 007.
5.Savarimuthu Aruldoss Memorial Trust, Represented by Mr.A.Ravichandran, 273, Sannathi Street, Kudumiyanmalai, Illuppur Taluk, Pudukottai District. ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the 1st, 2nd, 3rd and 4th respondent herein to take appropriate steps to secure the 1st accused/5th respondent of the Trust running in the name of M/s.Savarimuthu Aruldoss Memorial Trust, to impound the passport of the 5th respondent, to seize all documents, seals, stamps, letter heads, etc. to seize gold stored in different banks and also to freeze all the banks accounts held by the 5th respondent.
For Petitioner : Mr.Subash Swaminathan Party-in-Person
For Respondents : Mr.C.Emallias
Addl. Public Prosecutor.
ORDER
The party-in-person and the learned Additional Public Prosecutor are present.
2.This Criminal Original Petition is filed to direct the 1st, 2nd, 3rd and 4th respondent herein to take appropriate steps to secure the 1st accused/5th respondent of the Trust running in the name of M/s.Savarimuthu Aruldoss Memorial Trust, to impound the passport of the 5th respondent, to seize all documents, seals, stamps, letter heads, etc. to seize gold stored in different banks and also to freeze all the banks accounts held by the 5th respondent.
//True Copy//
Sd/Assistant Registrar(CO) Dated: 30.07.2014 Sub Assistant Registrar
rgr To 1.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai – 60 0004.
2.The Superintendent of Police, Diamond Nagar, Pudukottai, Tamil Nadu 622 003.
3.The Superintendent of Police, 6/172, Nethaji Nagar, Trichy Road, Namakkal 637 001.
4.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai 600 007.
5.The Public Prosecutor, High Court of Madras.
Crl.O.P.No.13190 of 2014 BKY(CO) Eu 04.08.14
1 issue framed by the court
Whether the High Court can direct police to secure the accused and impound passport/seize assets during an ongoing investigation.
1 provisions across 1 enactments
Mr. Subash Swaminathan, President, Hindu, Madras Sabha
Director General of Police
Superintendent of Police, Diamond Nagar, Pudukottai
Superintendent of Police, Namakkal
Commissioner of Police, Greater Chennai Police
Savarimuthu Aruldoss Memorial Trust
K.B.K.Vasuki
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
