IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.09.2022 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.20879 of 2022 Sirajkhan.N ... Petitioner Vs

1. State, Rep by Deputy Superintendent of Police, Economic Offences Wing HQRS, Ashok Nagar, Chennai – 600-083.

(Re.Cr.No.16 of 2022 dated 04.08.2022)

2. The Manager, ICICI Bank, Anna Nagar Branch, 5th Avenue, Chennai. ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to de-freeze the petitioner's bank account bearing Number 234501501825 of the maintained at ICICI Bank, Anna Nagar Branch, Chennai and to permit the petitioner to operate the said account which were froze by the respondent.

For Petitioner : Mr.R.Ashwin For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor (for R1)

ORDER

This Criminal Original Petition has been filed to direct the respondent to de-freeze the petitioner's bank account bearing Number 234501501825 maintained at ICICI Bank, Anna Nagar Branch, Chennai and to permit the petitioner to operate the said account which was frozen by the respondent.

2.The learned counsel for the petitioner submitted that the petitioner is not an accused. However, in pursuant to the registration of First Information Report in Crime No.16 of 2022 and on the confession of the accused persons, the account of the petitioner has been now freezed. Further, the frozen of account has not been intimated to the petitioner as well as to the Court. The first respondent failed to comply with the procedure as contemplated under Section 102 of Cr.P.C.

3. On a perusal of the counter-affidavit filed by the first respondent, it reveals that after the registration of the First Information Report in Crime No.16 of 2022, one Saravanakumar, who is arrayed as A-6 was arrested on 11.08.2022 and A-7, viz., Kuppuraj was arrested on 12.08.2022. From the confession statement made by them, it reveals that they had transaction with the petitioner and others. Since the offences under Sections 420, 120(B) IPC, Section 5 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 and Sections 3,5,21(1), 21(2), 21(3), 23 & 25 of Banning of Unregulated Deposit Schemes Act, 2019, the freezing of the account of the petitioner is very much required for the purpose of investigation. Therefore, on 10.08.2022, requested the second respondent to freeze the account of the petitioner herein. Immediately, the same was informed to the Jurisdictional Magistrate Court as early as on 08.09.2022. Therefore, there is no violation of the procedures laid down Section 102(3) of Cr.P.C. That apart, the first respondent does not require any previous notice to the petitioner to freeze the account while investigation and the investigation is still pending. Therefore, this Court is not inclined to direct the first respondent to de-freeze the petitioner's account.

4. Accordingly, this Criminal Original Petition is dismissed.

09.09.2022 Index:Yes/No Speaking/Non speaking order kv G.K.ILANTHIRAIYAN. J, kv To

1. The Deputy Superintendent of Police, Economic Offences Wing HQRS, Ashok Nagar, Chennai – 600-083

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20879 of 2022

09.09.2022