The main legal point established in the judgment is the court's authority to freeze a bank account under Section 102 of the Criminal Procedure Code based on the findings of an investigation, and the limitations on the petitioner's claim of arbitrariness and mala fideness in the action taken by the police.

Heard both sides.

2. Counter of Third Respondent is filed.

3. According to the Petitioner, while he was working as Reader in Commerce at T.B.M.L. College, Poraiyar, on 31.05.2007, he retired from service voluntarily. Later, he worked as Principal in RVS Arts and Science College, Karaikal and now he is the pensioner. Furthermore, all the Gratuity and commuted pension received after his retirement was deposited in 'Almighty Investment Solution', Karaikudi and 'Max-Pro Marketers Private Limited'.

4. The stand of the Petitioner is that his son's friend viz., Aramudhan requested him to help to invest his money in the same Company. Therefore, his son introduced Aramudhan to 'Max-Pro Marketers Private Limited' and 'Almighty Investment Solution' and enabled him to invest money with the aforesaid companies. Unfortunately, while the said Aramudhan invested the money, his son had no inkling that those two companies were in trouble. But, both the companies, within a short time, were closed down, after his money was invested in those companies. As a matter of fact, the 'Almighty Investment Solution' filed an application for insolvency before the Hon'ble High Court, Madras and insofar as the other Company, viz., 'Max-Pro Marketers Private Limited' is concerned, the Petitioner along with his son had lodged a complaint before the Economic Offences Wing. Even the other depositors, who had invested in the aforesaid companies had also lodged various complaints before the competent authorities.

5. At this stage, the Learned Counsel for the Petitioner submits that, on the basis of the aforesaid complaints, the Government had issued G.O.304, dated 02.05.2014 and passed an order of 'Interim Attachment', attaching the movable and immovable properties of the 'Max-Pro Marketers Private Limited'. In reality, the Petitioner and his family members had lost the entire money, which was in their hands. Unfortunately, his son's friend viz., Aramudhan, without appreciating the aforesaid fact, had preferred a false complaint against the Petitioner and his family members, in Crime No.08 of 2013, on the file of the Third Respondent/Inspector of Police, District Crime Branch, Nagapattinam.

6. In this connection it is represented on behalf of the Petitioner that neither the Petitioner nor his family members never intended to deceive the depositors/complainants nor to obtain any wrongful gain after the investments made by the depositors.

7. The Learned Counsel for the Petitioner proceeds to take a stand that the Petitioner bought a 'Toyato Innova Car' during the year 2011, by securing a loan from 'Kotak Mahendra Finance Company' and in fact, the monthly instalments were deducted from his pension account and it was also over in the beginning of 2014. Also it is represented on behalf of the Petitioner that the Petitioner and his wife Mrs.Mary Rajan, were suffering from heart ailment and to meet out the medical expenses, a loan of Rs.10,00,000/- was obtained by pledging his 'Toyato Innova Car' and the 'Kotak Mahendra', Tiruchirappalli, sanctioned the loan.

8. Continuing further, the Learned Counsel for the Petitioner brings it to the Notice of this Court that a sum of Rs.9,87,172/- was credited into the Petitioner's Savings Bank Account No.762938971, on 31.05.2014, through their Account No.0958 FRM 98905000120. After spending some amount for initial medical treatment, the Petitioner, according to him, had deposited a sum of Rs.6,59,950/-, in three different Fixed Deposits, in the Second Respondent/Indian Bank, Thennur Branch, Trichy District, under either or survival scheme, the Fixed Deposit receipts numbers are 6275660709, 6259375529 and 6259373724.

9. The categorical stand of the Petitioner is that, while he was in need of money for urgent medical treatment for himself and his wife, he approached the Second Respondent/Indian Bank, Thennur Branch, Trichy District, on 21.10.2014, along with his wife for closure of the aforesaid Fixed Deposits. But, to his shock and sur