Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 53998 (MAD)

Jothi v. State Rep by its, The Inspector of Police

CRL OP/17910/2026 · 2026-07-10

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17910 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 17910 of 2026 Jothi W/o.Manogaran, No.228, Pillayar Kovil Theru, Velanandal, Rajapalayam, Tiruvannamalai - 606755. ..Petitioner(s) Vs 1. State Rep by its, The Inspector of Police, Vettavalam Police Station, Tiruvannamalai District. Crime No.276/2024 2. The Branch Manager Canara Bank, Tiruvannamalai Branch, Tiruvannamalai. ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 528 of BNSs, praying to direct the 2nd respondent to defreeze the savings bank account of the petitioner (Savings Account No.3504101001971, Canara, Tiruvannamalai Branch) on the file of Crime No.276 of 2024, Inspector of Police, Vettavalam Police Station,Tiruvannamalai District and it is also prayed the Honble Court and pass such further or other orders as this Honble Court may deem fit in the circumstance of the above case and thus render justice. For Petitioner(s): Mr..Selvakumar R For Respondent(s): Mr. R. Rajasekar, Counsel for Government of Tamil Nadu (Criminal Side) https://www.mhc.tn.gov.in/judis CRL OP No. 17910 of 2026 __________ Page2 of 4 ORDER The prayer made in this Criminal original petition is to defreeze the savings bank account No. 3504101001971. 2. When the matter came up for hearing, the learned counsel for the petitioner would submit that the petitioner's husband Manogaran is only implicated in the criminal case, whereas the petitioner's bank account is freezed. 3. Per contra, the learned Government Advocate (Crl. Side) would submit that husband and wife are jointly running the shop and they are repeatedly selling Gutka and tobacco products in spite of ban order there are totally 8 cases against them. 4. I have considered the rival submissions and perused the material available on records. 5. Considering the hardship pleaded by the petitioner, I am of the view that the account can be defreezed. However, when it is said that the petitioner and the husband have jointly running the shop, they can't think that they can repeatedly sell Paan masala and other Tobacco products. When something is banned by the State for the better health of the citizens, the petitioners have no other options than to abide by the same. In view thereof, this criminal original petition is allowed on the following terms. https://www.mhc.tn.gov.in/judis CRL OP No. 17910 of 2026 __________ Page3 of 4 i. Within three working days from the date of receipt of the web copy of the order, the petitioner shall file a notarized affidavit before the respondent police that henceforth they will not sell any tobacco products in their shop and will not deal with the same in any manner whatsoever. ii. Upon receipt of the said affidavit, the respondent shall issue a communication to the bank concerned, de-freezing the bank account. 10-07-2026 Neutral Citation: Yes/No PBL 1. The Inspector of Police, Vettavalam Police Station, Tiruvannamalai District. 2. The Branch Manager Canara Bank, Tiruvannamalai Branch, Tiruvannamalai. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17910 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. PBL CRL OP No. 17910 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis