D.Arikrishnan Vs The State Rep by, The Superintendent of Police

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Declaration, to declare the action of the Respondents debit freezing the saving bank account bearing Account No.1645155000046956 maintained with the 4^th Respondent and savings bank account bearing Account No.501320624 maintained with the 5^th Respondent as illegal, arbitrary and consequently, direct the 4^th Respondent to defreeze the Bank Account No.1645155000046956 and 5^th Respondent to defreeze the Bank Account No.501320624 thereby enabling the Petitioner to operate the same.

¶20

For Petitioner : Mr.N.U.Pressanna For Respondents : For R1 to R3 : Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side)

¶21

ORDER

¶22

The Petitioner has filed this Writ Petition, praying to declare the action of the Respondents debit freezing the Savings Bank Account bearing Account No.1645155000046956 maintained with the 4^th Respondent and Savings Bank Account bearing Account No.501320624 maintained with the 5^th Respondent as illegal, arbitrary and consequently, direct the 4^th Respondent to defreeze the Bank Account No.1645155000046956 and 5^th Respondent to defreeze the Bank Account No.501320624 thereby enabling the Petitioner to operate the same.

¶23

2/6

¶24

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

¶25

W.P.Crl.No.1391 of 2025

¶26

The Petitioner is operating his Bank Account with the 4^th and 5^th Respondents herein. While being so, the 3^rd Respondent registered a First Information Report (FIR) as against the Petitioner in Crime No.244 of 2024 for the offences punishable under Section 275, 123 of the Bharatiya Nyaya Sanhita, 2023 read with Section 24(1) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2023.

¶27

Pursuant to the Registration of the above FIR, the 3^rd Respondent requested the 4^th and 5^th Respondents to freeze the Petitioner’s Account. Hence, the Petitioner’s Account was freezed by the 4^th and 5^th Respondents herein.

¶28

Already, the Petitioner had filed a Writ Petition before this

¶29

Court in W.P.No.9484 of 2025 and this Court dismissed the Writ Petition

¶30

vide Order dated 19.03.2025 on the ground that the investigation is still pending in Crime No.244 of 2024 in which the Petitioner is arrayed as an accused.

¶31

3/6

¶32

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

¶33

W.P.Crl.No.1391 of 2025

¶34

Till date, the investigation is pending in Crime No.244 of 2024.

¶35

That apart, there is no record to show that the Petitioner has

¶36

deposited the entire proceeds in his Bank Account. Further, the case of the prosecution is that the Petitioner was found in possession the Tobacco product worth about Rs.1,080/-.

¶37