Partly allowed

Thangamani Ramasamy v. the State Rep by

Madras HC22 Jun 2022CRL OP/21458/2021

Case brief

AI extract

What is this about?

In a Criminal Original Petition filed under Section 482 Cr.P.C., the petitioner sought to de-freeze bank accounts, alleging procedural irregularities under Section 102 Cr.P.C. while the investigation for cheating and forgery was pending. The Court directed the petitioner to deposit Rs. 14 lakhs in the Magistrate's Court within one month, which must then be invested in a Nationalized Bank to earn i

What did the court decide?

Petitioner directed to deposit Rs. 14 lakhs in Court within one month; upon deposit, the Magistrate to invest the sum in a Nationalized Bank for interest and subsequently de-freeze the petitioner's ac

Thangamani Ramasamy Vs the State Rep by — Cheating and Forgery | Madras HC (2022)

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Crl.O.P.No.21458 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.06.2022

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CORAM:

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THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

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Crl.O.P.No.21458 of 2021

Thangamani Ramasamy

... Petitioner

Versus

State Rep.by the Sub-Inspector of Police Namakkal Police Station Namakkal Tamil Nadu (Ref.Crime No.429/2021 dated 07.03.2021)

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...Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondent to de-freeze the Petitioner's bank account's in DBS Bank (then the Lakshmi Vilas Bank), Namakkal in the name of Amudha Surabhi FinanceA/c.No.0488360000006655; Deivaletuchmi Finance bearing Account Number: 0488351000000663 and another Account maintained at Punjab

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

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Crl.O.P.No.21458 of 2021

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National Bank, Namakkal Branch in the name of Hasvitha Nithyagam bearing Account Number:4201002100027476 with a period as stipulated by this Court.

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For Petitioner : Mr.Deepan Uday For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)

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ORDER

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This petition had been filed to direct the Respondent to de-freeze the Petitioner's bank account's in DBS Bank (then the Lakshmi Vilas Bank), Namakkal in the name of Amudha Surabhi FinanceA/c.No.0488360000006655; Deivaletchumi Finance bearing Account Number: 0488351000000663 and another Account maintained at Punjab National Bank, Namakkal Branch in the name of Hasvitha Nithyagam bearing Account Number:4201002100027476 within a period as stipulated by this Court.

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

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Crl.O.P.No.21458 of 2021

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2. The Learned Counsel for the Petitioner submitted that this petition has been filed by Thangamani Ramasamy seeking to de-freeze the account's in DBS Bank, Lakshmi Vilas Bank and Punjab National Bank. It is the submission of the Learned Counsel for the Petitioner that the Investigation Officer had not followed the procedure as per Section 102 Cr.P.C., while freezing the Account. Therefore, he seeks to de-freeze the account.

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3. The Learned Government Advocate (Crl.Side) invited the attention of this Court to Para Nos.6, 7 and 8 of the typed set of papers wherein, the Investigating Officer had addressed a letter to the Bank Officials viz., Lakshmi Vilas Bank and Punjab National Bank to freeze the account of the Petitioner.

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4. It is the allegation of the Defacto Complainant that the

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Petitioner had transferred money from his account to the Petitioner's account under the guise of getting employment. Therefore, based on the Defacto Complainant's complaint for the offence under Sections 406, 417,

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

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Crl.O.P.No.21458 of 2021

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420, 468, 471 and 506(i) of IPC, a case been registered in Crime No.429 of 2021 before the Namakkal Police Station and the investigation is still pending.

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5. The Learned Government Advocate (Crl.Side) submitted

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that as per Section 102 Cr.P.C., the Investigating Officer ought to have filed a report along with the requisition letter to the Learned Judicial Magistrate No.I, Namakkal. After obtaining permission from the Court concerned, he ought to have approached the Bank to freeze the account. The Learned Government Advocate (Crl.Side) submitted that the Investigating Officer had not followed the procedure under Section 102 of Cr.P.C. However, since the investigation is pending, if the account of the Petitioner is de-freezed, it will hinder the investigation.

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6. At this stage, the Learned Counsel for the Petitioner

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intervened stating that any stringent condition may be imposed.

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

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Crl.O.P.No.21458 of 2021

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7. Considering the above submissions, it seems that the alleged transaction involves Rs.14 lakhs. Therefore, the Petitioner is directed to deposit the sum of Rs.14 lakhs in the Court of the Learned Judicial Magistrate No.I, Namakkal. If he deposits the said amount within a period of one month from the date of receipt of a copy of this order, the Learned Magistrate shall pass orders to de-freeze the account.

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8. On such deposit by the Petitioner herein, the Learned Judicial Magistrate shall invest the said amount in any of the Nationalized Bank having its Branch within the territorial jurisdiction of the Learned Judicial Magistrate, Namakkal, as the same may fetch interest which will be useful to the party in whose favour the criminal case may be decided. It shall not be retained in criminal Court deposit as it will not fetch interest. Therefore, this direction given to deposit the account in Nationalized Bank till disposal of the case at the due trial.

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

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Crl.O.P.No.21458 of 2021

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SATHI KUMAR SUKUMARA KURUP., J. dna

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9. With the above directions, this Petition is disposed of.

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22.06.2022

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Index: Yes/No Internet: Yes/No dna

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1.The Judicial Magistrate No.I, Namakkal.

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2.The Sub-Inspector of Police Namakkal Police Station Namakkal Tamil Nadu (Ref.Crime No.429/2021 dated 07.03.2021)

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3.The Public Prosecutor High Court, Madras.

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

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Crl.O.P.No.21458 of 2021

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22.06.2022

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

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Thangamani Ramasamy v. the State Rep by

Case brief

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Thangamani Ramasamy v. the State Rep by

Case brief

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