Dismissed¶27

Sivanandam v. The State Rep by, Inspector of Police

Madras HC3 Apr 2025CRL OP/10188/2025

Case brief

AI extract

What is this about?

Bank account freeze / defreeze direction refused; petition dismissed pending investigation. Madras High Court, Crl.O.P.No. 10188 of 2025, decided 03.04.2025 by G.K. Ilanthiraiyan, J. Petition under Section 528 BNSS 2023 by husband of first accused in Crime No. 45 of 2024 (Sections 408, 409, 420 IPC) seeking defreezing of his account No.10097134040 with IDFC Bank, Mogappair West, Chennai; Rs.1 Crore 58 Lakh (Rs.1.58 crore) alleged misappropriation by wife, crime proceeds deposited into petitioner's account; money transactions found between spouses' accounts; Central Crime Branch, Avadi City; FIR registered; investigation still pending; no relief granted.

What did the court decide?

Pending investigation, the direction sought for in this petition cannot be considered. ¶22

Sivanandam Vs The State Rep by, Inspector of Police — Madras HC (2025) — LawSathi Research

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Crl.O.P.No. 10188 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.04.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No. 10188 of 2025

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G.Sivanandam . ... Petitioner Vs 1.State rep by The Inspector of Police Central Crime Branch, Avadi City, Chennai 600 054 Crime No. 45 of 2024 2.The IDFC Bank, Rep by its Branch Manager GR FLR, BLOCK NO 2/PC 8, Kamber Salai, Mogappair West, Chennai 600 037 . ... Respondents

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PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 1 st respondent to defreeze the petitioner's bank account bearing No.10097134040 IFSC No.IDFB0080144 maintained in the 2 nd respondent bank.

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For Petitioner : Mr.C.Harish For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side)

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Page 1 of 4

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

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Crl.O.P.No. 10188 of 2025

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O R D E R

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This Criminal Original Petition has been filed seeking a

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direction to the first respondent to defreeze the petitioner's bank account bearing Account No.10097134040 maintained with the second respondent bank and permit him to operate his account.

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2. Heard the learned counsel appearing for the petitioner and

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the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

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3. The petitioner is the husband of the first accused in Crime

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No.45 of 2024, registered for the offences under Sections 408, 409 and 420 of IPC. The petitioner's wife misappropriated the money to the tune of Rs.1 Crore 58 Lakh and the crime proceeds were deposited into the

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account of the petitioner, who is the husband of the first accused. Pursuant to the registration of the FIR, the first respondent requested the second respondent bank to freeze the account of the petitioner's wife and also not permit to operate his account. The investigation is still pending.

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4. A perusal of the records reveals that there are money

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transaction between the petitioner's account and his wife account. Pending investigation, the direction sought for in this petition cannot be considered.

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Page 2 of 4

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

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Crl.O.P.No. 10188 of 2025

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5. Accordingly, this Criminal Original Petition stands

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dismissed.

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03.04.2025