C.Suresh v. The Branch Manager

ORDER This petition has been filed seeking for a direction to the 1st & 2nd respondents to de-freeze the petitioner's Bank Account No. 6868696642, IFSC Code: IDIB000P036 maintained with 1st respondent viz., Indian Bank, Perugavazhndan Branch, Thiruvarur District and permit the petitioner to operate his bank account, based on the petitioner's representation dated

10.06.2026 within a time stipulated by this Court.

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

(a) The petitioner is holding an account bearing A/c No. 6868696642 at the first respondent.

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

¶3The learned counsel appearing for the petitioner would submit that the petitioner is not an accused in any criminal case; the act of the first respondent freezing the entire account is illegal and violates the fundamental rights of the petitioner; that the first respondent was obliged to obey the directions, the first 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 learned counsel appearing for the first respondent would submit that the account of the petitioner was frozen due to some illegal transactions.

¶5Heard the learned counsel on either sides and carefully perused the materials placed before this Court.

¶6On perusal of the records, the fact is that the account has been frozen and the petitioner is unable to operate the account.

¶7It is seen that in similar circumstances, this Court had observed that when the alleged fraudulent amount is quantified, 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."

¶8Accordingly, this writ petition is disposed of on the following directions:

(a). The first respondent / Bank shall mark a lien only for the quantified sum 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.

03.07.2026 NCC : Yes / No Index : Yes / No sm TO:-

¶1The Branch Manager, Indian Bank, Perugavazhndan Branch (Branch Code – 306), Thiruvarur District.

¶2The Inspector of Police, CCB (Cyber Cell) – Madurai, Madurai District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

L.VICTORIA GOWRI, J. Sm Dated

03.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Suresh ... Petitioner Vs. 1. The Branch Manager, Indian Bank, Perugavazhndan Branch (Branch Code – 306), Thiruvarur District. 2. The State of Tamil Nadu, Rep. by the Inspector of Police, CCB (Cyber Cell) – Madurai, Madurai District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st & 2nd respondents to de-freeze the petitioner's Bank Account No. 6868696642, IFSC Code: IDIB000P036 maintained with 1st respondent viz., Indian Bank, Perugavazhndan Branch, Thiruvarur District and permit the petitioner to operate his bank account, based on the petitioner's representation dated 10.06.2026 within a time stipulated by this Court. For Petitioner : Mr.B.Anandan For Respondents : Mr.S.Karthick (R1) Standing Counsel Mr.D.Rajaboopathy (R2) Government Advocate (Crl.)