Hariharan v. The Branch Manager

ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 1st respondent to de-freeze the bank account maintained by petitioner bearing Account No.100054149612 by considering the representation dated

20.01.2026.

¶2The facts leading to the filing of the petition are as follows:

(a) The petitioner is holding a savings bank account bearing A/c No. 100054149612 in the Equitas Small Finance Bank Limited

(b) The petitioner came to know that his account had been frozen.

3.The learned Counsel appearing for the petitioner would submit that the petitioner is not an accused in any criminal case; the act of the 1st respondent freezing the entire account is illegal and violates the fundamental rights of the petitioner; that though pursuant to the alleged communication sent by the Cyber Police, the 1st respondent was obliged to obey the directions, the 1st respondent ought to have informed the petitioner about the action taken thereon; and that having failed to do so, it has breached the contract with the petitioner.

¶4The reply given by the 1st respondent to the petitioner would state that the account of the petitioner was frozen on the basis of the communication from the Cyber Police.

¶5On perusal of the records, it is clear that there is nothing on record to show that the Cyber Police had requested the 1st respondent to freeze the entire account. The fact is that account has been frozen and the petitioner is unable to operate the account.

¶6It is seen that in similar circumstances, this Court had observed that when the alleged fraudulent amount is quantified as Rs.877.05/-, the freezing of the whole account would not be justified. Similar view was taken by the learned Single Judge of this Court in W.P.(MD).No.15684 of 2024 dated 15.07.2024, wherein, it was held that: "3. The respondent is permitted to retain the aforesaid sum by marking lien on the petitioner's account. Subject to such marking of lien, the petitioner is permitted to operate their bank account. The freezing effected on the petitioner's bank account is lifted to the aforesaid extent. T\his writ petition stands allowed . No costs. Consequently, connected miscellaneous petitions are closed."

¶7Accordingly, this writ petition is disposed of on the following directions:

(a). The 1st respondent / Bank shall mark a lien only for the quantified sum of Rs.

877.05/- and permit the petitioner to operate the account forthwith.

(b). The petitioner is at liberty to move to the concerned Jurisdictional Magistrate for recall of the lien marked over the quantified amount, if he is so advised.

¶8With the above observations and directions, this Writ Petition is disposed of. No costs. 09-02-2026 Tmg

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-02-2026 CORAM THE HONOURABLE MRS JUSTICE S.SRIMATHY WP Crl.(MD) NO. 666 of 2026 Hariharan Petitioner(s) Vs 1. The Branch Manager The Equitas Small Finance Bank Limited No.31/24 GF Balamurugan Complex Salem Main Road Near New bus Stand Musiri Trichy District. 2. The Deputy Commissioner of Police North Cyber Crime Police Station North Region Samatanagar Police Station Compound Near Sports Authority of India Western Express Highway Kandaivali (East ) Mumbai 400101 Maharashtra. Respondent(s) For Petitioner(s): Mr.M.Deepanchakravarthi Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st Respondent to de-freeze the bank account maintained by petitioner bearing Account No.100054149612 by considering the representation dated 20.01.2026.