SHIVANANDHAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed for direction directing the second respondent through the first respondent to defreeze the current Account No.10920200042866, Federal Bank, Coimbatore Main Branch pending investigation in Crime No.52 of 2018 on the file of the first respondent.

(2.) The learned counsel for the petitioner submitted that as against the petitioner, the first respondent registered a case in Crime No.52 of 2018 for the offences punishable under Sections 406, 468, 471 and 506(i) I.P.C. He further submitted that the petitioner approached this Court for anticipatory bail and he was granted anticipatory bail on condition that the petitioner shall deposit a sum of Rs.5 lakhs to the credit of Crime No.52 of 2018 on the file of the first respondent. Accordingly, he complied with the condition and other conditions imposed by this Court in Crl.O.P.No.28876 of 2018 were also duly complied with. While being so, on the request of the first respondent, the second respondent freezed the current account No.10920200042866 on 05.02.2019 without issuing any notice to the petitioner. Further he submitted that even after freezing the account, the same was not intimated to the Judicial Magistrate concerned. The first respondent also violated the procedure contemplated under Section 102 Cr.P.C. and therefore prayed for allowing this petition. He further cited the following judgments:

(3.) Per contra, the learned Additional Public Prosecutor submitted that the petitioner is the accused and on the request of the first respondent dated 05.02.2019, the account of the petitioner was freezed. He further submitted that the same was duly informed to the learned Judicial Magistrate No.III, Coimbatore as contemplated under Section 102 Cr.P.C. Therefore, he sought for dismissal of this petition as devoid of merits.