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2025 DAILYLAW 3139 (MAD)

M/s.CR Sea Foods v. The ICICI Bank Ltd

WP Crl.(MD)/2158/2025 · 2026-04-07

L Victoria Gowri

Transfer Petitionbody2025

Judgment text

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W.P.Crl.(MD)No.2158 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.2158 of 2025 &W.M.P.Crl.(MD)No.511 of 2025 M/s.CR Sea Foods, Represented by its Sole Proprietor, R.Rukmani. ... Petitioner Vs. 1. The Icici Bank Ltd, Kottaipattinam Branch, Rep. by its Branch Manager, Hanifa Complex, 1146/s8, Avudayarkoil Road, Kottaipattinam, Pudukottai, Tamil Nadu – 614 619. 2. The Station House Officer, Office of the Sr.Inspector of Police, North Region Cyber (Crime Branch), Kandivali (East), Mumbai, Mahrashtra-400 101. 3. The Union of India, Rep. by its Secretary, Ministry of Home Affairs, New Delhi-110001. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to de-freeze the petitioner's Bank Account No. 618505500058 maintained in the 1st respondent bank within the time frame fixed by this Court. 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2158 of 2025 For Petitioner : Mr.J.Jahith Rifai For Respondents : Mr.S.Krishna (R1) for M/s.Acuity Law Associates ORDER This petition has been filed seeking for a direction to the 1st respondent to de-freeze the petitioner's Bank Account No. 618505500058 maintained in the 1st respondent bank within the time frame fixed by this Court. 2. The facts leading to the filing of the petition are as follows: (a) The petitioner is holding a current account bearing A/c No. 618505500058 at ICICI Bank, Kottaipattinam, Pudukottai. (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 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. 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2158 of 2025 4. The learned counsel appearing for the first respondent would submit that the account of the petitioner was frozen due to some illegal transactions. 5. Heard the learned counsel on either sides and carefully perused the materials placed before this Court. Considering the nature of the order proposed to be passed in this petition, notice to the respondents 2 and 3 is dispensed with. 6. On perusal of the records, the fact is that the account has been frozen and the petitioner is unable to operate the account. 7. It 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 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2158 of 2025 lifted to the aforesaid extent. T\his writ petition stands allowed . No costs. Consequently, connected miscellaneous petitions are closed.” 8. Accordingly, 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. Consequently, connected miscellaneous petition is closed. 07.04.2026 NCC : Yes / No Index : Yes / No sm 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2158 of 2025 TO:- 1. The Icici Bank Ltd, Kottaipattinam Branch, Rep. by its Branch Manager, Hanifa Complex, 1146/s8, Avudayarkoil Road, Kottaipattinam, Pudukottai, Tamil Nadu – 614 619. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2158 of 2025 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.2158 of 2025 Dated 07.04.2026 6/6 https://www.mhc.tn.gov.in/judis