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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Latha W/o Prakash – Appellant
Versus
State Rep. by Inspector of Police, Vigilance and Anti-Corruption, Kancheepuram – Respondent
| Table of Content |
|---|
| 1. foundation of the case and evidence. (Para 1 , 2) |
| 2. arguments regarding the freezing of accounts. (Para 3 , 4) |
| 3. details of the inventory and assets. (Para 5 , 6) |
| 4. counter and status report from the government advocate. (Para 8 , 9) |
| 5. decision to de-freeze assets and conditions. (Para 10 , 11 , 12) |
ORDER :
2. The petitioner’s husband, G.Prakash, Sanitary Officer, Health Section, Kancheepuram City Municipal Corporation, Kancheepuram is an accused in Crime No.6 of 2025 for offence under Section 7 (a) of the Prevention of Corruption Act. It is a trap case. Pursuant to the trap, house search conducted on 23.04.2025 and 24.04.2025, following the house search, the locker jointly operated by the petitioner and her husband opened and inventory taken on 05.06.2025. During the course of investigation, the respondent sent a letter to the City Union Bank, Avadi Branch to freeze the joint locker and Bank Account No.500101012711727 of petitioner and her husband. Further directed the bank authorities not to permit the petitioner to operate the bank locker, in which, gold jewels and cash found, against which, the petitioner filed petitions before the trial Court in Crl.M.P.No.182
An asset freezing order requires reasonable suspicion of criminal involvement, and lack of adequate justification renders the order unsustainable.
The provisions of the Criminal Law (Amendment) Ordinance, 1944, for the continuation of attachment during an appeal apply only to assets attached under the Ordinance.
Law permits freezing bank accounts linked to alleged crimes, but proper legal procedure including post-trial confiscation must be followed.
Taxation - De-freezing of accounts - Illegal gratification/kickbacks in bank account - Amount which does not relate to impugned transaction alongwith interest accrued thereon be directed to be releas....
The main legal point established in the judgment is the legality of freezing bank accounts under Section 102 Cr.P.C. and the applicability of this provision in the context of the case.
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