Disposed¶51

M/S.Kavi Container Pvt. Ltd. v. the Assistant Commissioner of Police

Madras HC27 Mar 2025WP/19095/2024

Case brief

AI extract

What is this about?

Bank account freeze; cyber crime complaint; lien of Rs.2 lakh; ICICI Bank and Axis Bank; Writ of Mandamus; Article 226; Madras High Court; G.K.Ilanthiraiyan J.; disposed on 27.03.2025.

What did the court decide?

Petitioner permitted to operate bank accounts with ICICI Bank (second respondent in W.P.No.19095) and Axis Bank (third respondent in W.P.No.19098), subject to the Banks holding a lien over Rs.2,00,000/-; connected Miscellaneous Petitions closed; no costs. ¶51

M/S.Kavi Container Pvt. Ltd. Vs the Assistant… — Writ and Judicial Review | Madras HC (2025)

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W.P.Nos.19095 an 19098 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.03.2025

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.Nos.19095 an 19098 of 2024

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and

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W.M.P.Nos.20949 and 20952 of 2024

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W.P.No.19095 of 2024:-

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M/s. Kavi Container Pvt. Ltd., Rep. by its Director, Mrs.Malarvizhi, Having office at Door No.17, Old No.127/72, 7^th Street, Poompuhar Nagar, Kolathur, Chennai - 600 099. ... Petitioner

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The Assistant Commissioner of Police, Cyber Crime Cell, Central Crime Branch, Commissioner of Police Office Campus, Veppery, Chennai - 600 007.

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ICICI Bank Limited, Perambur Branch, No.1, 4^th Main Road, Jawahar Nagar, Chennai - 600 011.

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Inspector-in-Charge, Cyber Crime Police Station, Darjeeling District, Darjeeling, West Bengal.

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(R3 impleaded vide order dated 12.09.2024 in W.M.P.No.23895 of 2024)

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Prakashbiswakarma ... Respondents

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(R4 impleaded vide order dated 09.01.2025 in W.M.P.No.38602 of 2024)

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

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W.P.Nos.19095 an 19098 of 2024

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Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the Respondents 1 and 2 herein to defreeze the Petitioner's Bank Account lying with the 2 nd Respondent ICICI Bank bearing account No.97005003237.

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For Petitioner : Mr.G.Palani For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side) (for R1) Mr.S.Krishnaa for M/s.Acuity Law Associates (for R2) Dr.Arjun Chowdhury (for R3)

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W.P.No.19098 of 2024:-

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M/s. Kavi International, Rep. by its Proprietrix, Mrs.Malarvizhi, Having office at Door No.17, Old No.127/72, 7^th Street, Poompuhar Nagar, Kolathur, Chennai - 600 099. ... Petitioner

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The Assistant Commissioner of Police, Cyber Crime Cell, Central Crime Branch, Commissioner of Police Office Campus, Veppery, Chennai - 600 007.

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

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W.P.Nos.19095 an 19098 of 2024

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ICICI Bank Limited, Perambur Branch, No.1, 4^th Main Road, Jawahar Nagar, Chennai - 600 011.

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Axis Bank Limited, Kolathur Branch, Plot No.123 and 125C, Poompuhar Nagar, 1^st Main Road, Kolathur, Chennai - 600 099.

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Inspector-in-Charge, Cyber Crime Police Station, Darjeeling District, Darjeeling, West Bengal.

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(R4 impleaded vide order dated 12.09.2024 in W.M.P.No.23898 of 2024)

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Prakashbiswakarma ... Respondents

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(R4 impleaded vide order dated 09.01.2025 in W.M.P.No.38605 of 2024)

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Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the Respondents 1 to 3 herein to defreeze the Petitioner's Bank Account lying with the 2 th Respondent ICICI Bank bearing account No.97005500322 and also lying with the 3 rd Respondent Axis Bank bearing account No.914020004593508.

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For Petitioner : Mr.G.Palani For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side) (for R1) Mr.S.Krishnaa for M/s.Acuity Law Associates (for R2)

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

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W.P.Nos.19095 an 19098 of 2024

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Mr.R.Palani Kumar (for R3)

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Dr.Arjun Chowdhury (for R4)

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C O M M O N O R D E R

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These Writ Petitions have been filed to de-freeze the petitioner's accounts lying the second respondent Bank in Account Nos.9700500237 No.97005500322 and also lying with the third respondent Axis Bank bearing account No.914020004593508.

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2. The learned counsel for the petitioner would submit that on

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account of the complaint lodged by the de-facto complainant with allegations that there were online fraudsters, and due to which a sum of Rs.2,00,000/- was deposited into the petitioner's accounts. On the said complaint, the Inspector-in-Charge, Cyber Crime Police, requested the respective Banks to freeze the accounts of the petitioner. He would further submit that if the said amount of Rs. 2,00,000/- is withheld, the remaining can be operated by the petitioner.

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

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W.P.Nos.19095 an 19098 of 2024

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3. In view of the above, a sum of Rs. 2,00,000/- is made lien over the complaint lodged by the de-facto complainant, and the petitioner is permitted to operate his accounts, which are lying with the ICICI Bank Limited, the second respondent in W.P. No. 19095, and the Axis Bank Limited, the third respondent in W.P. No. 19098 of 2024, in respect of the remaining amount. It is made clear that the said Banks are directed to hold a sum of Rs. 2,00,000 and the remaining amount is permitted to be operated by the petitioner.

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4. With the above directions, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs.

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27.03.2025

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Index:Yes/No Neutral Citation/Yes/No kv

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

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W.P.Nos.19095 an 19098 of 2024