The High Court directed the bank to de-freeze the petitioner's account after noting the petitioner was not an accused, having only received a small transfer from an accused for goods sold.
Direction issued to the first respondent bank to de-freeze the petitioner's bank account.
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.
W.P.(MD)No.16156 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.16156 of 2024
Mani Balan
... Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent bank herein to defreeze the bank account of the petitioner maintained with the 1st respondent bank vide bank Account No. 079701000011187 at Kodimangalam Branch, Madurai District by considering the order passed in W.P(MD) No. 26905 of 2023 dated 09.11.2023 on the file of this Court.
For Petitioner : Mr.S.M.Ramasiva For Respondents : Mr.N.Dilipkumar (R1) Standing Counsel Mr.K.Gnanasekaran (R2) Government Advocate
W.P.(MD)No.16156 of 2024
ORDER
This writ petition has been filed seeking for a direction to the first respondent to de-freeze the account of the petitioner maintained with the first respondent bank in bank account No. 079701000011187 at Kodimangalam Branch, Madurai District, by considering the order passed by this Court in W.P(MD) No. 26905 of 2023 dated 09.11.2023.
2. Heard the learned counsel on either side and perused the materials placed before this Court.
3. The learned counsel appearing for the first respondent bank on instructions submitted that the petitioner's bank account was freezed only on the intimation from the second respondent.
4. The learned Government Advocate appearing for the second respondent filed a report stating that the petitioner is not at all an accused in the FIR in Crime No. 497 of 2023 on the file of the second respondent police. However, the accused had transferred an amount of Rs.29,482/- to the petitioner's account.
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W.P.(MD)No.16156 of 2024
5. The learned counsel appearing for the petitioner submitted that the
petitioner is running a retail business and the accused is of the habit of purchasing monthly groceries every month from the petitioner and would settle the amount once in a while and only in that way, he settled the amount of Rs. 29,482/- by transferring the same into the petitioner's account.
6. Recording the submissions made on either side, and considering the above facts and circumstances of this case, this Court hereby directs the first respondent Bank to de-freeze the petitioner's bank account to facilitate him for future operation of his account.
7. With the above direction, this writ petition is disposed of. No costs.
11.12.2024
NCC : Yes / No Index : Yes / No Sm
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W.P.(MD)No.16156 of 2024
Sm
L.VICTORIA GOWRI, J.
TO :-
Order made in W.P.(MD)No.16156 of 2024
Dated 11.12.2024
1 issue framed by the court
Whether the petitioner's bank account should be de-frozen despite transfer of funds from an accused in an ongoing criminal investigation.
1 provisions across 1 enactments
Mani Balan
The Branch Manager, Indian Overseas Bank, Kodimangalam Branch
The Inspector of Police (Crime), Anna Nagar Police Station
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
