LAWS(MAD)-2006-11-147

K MAHENDRAN Vs. STATE

Decided On November 29, 2006
K. MAHENDRAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE petitioner is an accused subsequently added as A.7 in the case in Crime No.392 of 2006 on the file of the respondent police for the offence punishable under Sections 380, 465, 467, 468, 471, 474 and 420 IPC.

(2.) THE case of the prosecution is that A.1 to A.6 used international credit card and cheated to the tune of Rupees twenty five lakhs. All the accused are alleged to have stayed in the office of the petitioner and on the statement of other accused, premise of the petitioner has been searched and 30 passports have been recovered. During the course of investigation, under instructions by the respondent police vide their letter dated 2.6.2006, the bank account bearing C.A.No.30012025699 in State Bank of India, Saligramam branch No.49, Arcot Road, Saligramam, Chennai 600 093 has been frozen by the State Bank of India by their order dated 23.6.2006, which reads as follows:"This is to inform you that the operations in the above mentioned current account at our branch has been frozen with effect from 2.6.2006 under instructions from Sub Inspector of Police, Central Crime Branch, Egmore, Chennai 600 006 vide their letter dated 2.6.2006 in connection with criminal investigation.".

(3.) UNDER such circumstances, the procedure prescribed is violated. The order dated 23.6.2006 becomes non-est and further direction is necessary. Accordingly, the order dated 23.6.2006 issued by the State Bank of India under instructions by the respondent police is set aside. The Manager of the State Bank of India, Saligramam branch No.49, Arcot Road, Saligramam, Chennai 600 093 is directed to keep the amount in deposit under Fixed Deposit and is further directed that the petitioner should not be allowed to withdraw the same. However, the Manager may allow the petitioner to operate his account. In the mean time, the petitioner is at liberty to move the learned Magistrate for further appropriate relief, if so advised, in this regard. With this observation, the petition is closed.