Thangaraj Vs the Branch Manager — Writ and Judicial Review | Madras HC (2025)

Thangaraj Vs the Branch Manager — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the first respondent to defreeze the petitioner's bank account; any future freeze by the second respondent only by informing the concerned Magistrate and proceeding in accordance with law. Writ petition disposed of with the above direction, no costs.

Issue for consideration

Whether the second respondent-police could direct the first respondent bank to freeze the petitioner's bank account by letter, or whether any freezing must follow the proper procedure under the BNSS Act. +1 more

Court's answer

If the second respondent wants to freeze the bank account of the petitioner maintained in the first respondent bank, the proper procedure has to be followed under the BNSS Act.

Ratio / Principle

Sending a letter to the first respondent bank and directing it to freeze the petitioner's bank account is beyond the jurisdiction of the second respondent.

Key takeaways

Direction issued to the first respondent to defreeze the bank account of the petitioner.ratio¶26
If the second respondent wants to freeze the petitioner's bank account, it shall follow the proper procedure by informing the concerned Magistrate and proceed further in accordance with law.ratio¶26

Detailed headnote1 paragraphs

Mandamus - Freeze of bank account by police - Letter to bank beyond jurisdiction. The petitioner's account with Indian Bank, Idaikazhinadu was frozen following a request from the second respondent police during investigation of FIR Crime No.172 of 2025 (Ss.4(1)(A), Tamil Nadu Prohibition (Amendment) Act, 2024; 4(1)(i), Tamil Nadu Prohibition Act). Held: if the police intend to freeze a bank account, the proper procedure under the BNSS Act must be followed; sending a letter to the bank directing it to freeze the account is beyond the police's jurisdiction. Direction issued to the bank to defreeze the account; any future freeze only by informing the concerned Magistrate and proceeding in accordance with law. Writ petition disposed of. (N. Anand Venkatesh, J., 16.07.2025)

Writ Petition No.25848 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

Writ Petition No.25848 of 2025

Thangaraj S/o.Sinraj

... Petitioner

Vs

1.The Branch Manager, Indian Bank, Idaikazhinadu. Chengalpattu District - 603 304.

2.The Inspector of Police, Madhuranthagam PEW, Chengalpattu District. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 11.06.2025, consequently direct the first respondent to unfreeze the petitioner's joint savings account vide A/c No.9934462873 in Indian Bank.

For Petitioner : Mr.V.Anand For Respondents : Mr.R.Venkatesa Perumal Government Advocate [Crl.side] [R2]

*****

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Writ Petition No.25848 of 2025

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 11.06.2025 wherein the petitioner has sought for defreezing the account maintained in the first respondent bank.

Heard Mr.V.Anand, learned counsel for petitioner and Mr.R.Venkatesa Perumal, learned Government Advocate [Crl.side] appearing for second respondent.

When the matter came up for hearing today, learned Government Advocate [Crl.side] appearing on behalf of the second respondent submitted that a First Information Report has been registered against the petitioner in Crime No.172 of 2025 on the file of second respondent for offences under Sections 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 and 4(1)(i) of the Tamil Nadu Prohibition Act. In the course of investigation, a request was made to the first respondent to freeze the bank account.

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Writ Petition No.25848 of 2025

In the considered view of this Court, if the second respondent wants to freeze the bank account of the petitioner maintained in the first respondent bank, the proper procedure has to be followed under the BNSS Act. Sending a letter to the first respondent and directing the first respondent to freeze the bank account is beyond the jurisdiction of the second respondent.

In view of the above, there shall be a direction to the first respondent to defreeze the bank account of the petitioner. If the second respondent wants to freeze the bank account of the petitioner, the second respondent shall follow the proper procedure by informing the same to the concerned Magistrate and proceed further in accordance with law.

This writ petition is disposed of with the above direction. No

costs.

16.07.2025

Neutral Citation: Yes/No Index: yes/no Speaking Order/Non-Speaking Order gm

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Writ Petition No.25848 of 2025

N.ANAND VENKATESH, J.

gm

To

1.The Branch Manager, Indian Bank, Idaikazhinadu. Chengalpattu District - 603 304.

2.The Inspector of Police, Madhuranthagam PEW, Chengalpattu District.

Writ Petition No.25848 of 2025

16.07.2025

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