Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 47487 (MAD)

Esakkimuthu v. The Manager

WP Crl.(MD)/2994/2026 · 2026-07-06

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.2994 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.2994 of 2026 Esakkimuthu ... Petitioner Vs. 1.The Manager, State Bank of India, Palanganatham – TVS Nagar Branch, Madurai District. 2.The Sub-Inspector of Police, Cyber Crime Division, Madurai City, Madurai. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to defreeze the petitioner's bank account bearing A/c No.20132063982, IFSC Code.SBIN0011062 maintained with 1st respondent viz., State Bank of India (Branch Code.11062/Palanganatham – TVS Nagar) and permit the petitioner to operate the petitioner's bank account, based on the petitioner's representation dated 27.05.2026 within a time stipulated by this Court. For Petitioner : Mr.T.Sathiya Nathan For R1 : No Appearance 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2994 of 2026 For R2 : Mr.C.Susikumar Government Advocate(Crl.side) ORDER This petition has been filed seeking for a direction to the 1st and 2nd respondents to defreeze the petitioner's bank account bearing A/c No. 20132063982, IFSC Code.SBIN0011062 maintained with 1st respondent Bank and permit the petitioner to operate the petitioner's bank account, based on the petitioner's representation dated 27.05.2026. 2. The facts leading to the filing of the petition are as follows: (a) The petitioner is holding a savings account bearing A/c No. 20132063982 at State Bank of India, Palanganatham – TVS Nagar Branch, Madurai District. (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 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2994 of 2026 thereon; and that having failed to do so, it has breached the contract with the petitioner. 4. Despite issuance of notice to the 1st respondent, none appeared either in person or through counsel. 5. Heard the learned counsel for the petitioner and carefully perused the materials placed before this Court. 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.2994 of 2026 lifted to the aforesaid extent. This 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 of Rs.4,981/- (Rupees Four Thousand Nine Hundred and Eighty One only) 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. 06.07.2026 NCC : Yes / No Index : Yes / No gbg TO:- 1.The Manager, State Bank of India, Palanganatham – TVS Nagar Branch, Madurai District. 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2994 of 2026 2.The Sub-Inspector of Police, Cyber Crime Division, Madurai City, Madurai. 3.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.2994 of 2026 L.VICTORIA GOWRI, J. gbg Order made in W.P.Crl.(MD)No.2994 of 2026 Dated 06.07.2026 6/6 https://www.mhc.tn.gov.in/judis