W.P.Crl.(MD)No.3940 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.3940 of 2026 J.Murugalingam ... Petitioner Vs. 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, 2nd Floor, Main Building, Near RBI, Rajaji Road, Ford St. George, Chennai – 600 009. 2. The Additional General of Police, Cyber Crime Wing, No.3, Dr.Natesan Road, Police Training College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai. 3. The Inspector General of Police, Central Zone, Kajamalai Colony, Edamalaipatti Pudur, Trichy 620 023. 4. The Superintendent of Police, Cyber Crime Division - 1, Cyber Crime Wing, No.3, Dr.Natesan Road, Police Training College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai – 600 083. 1/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3940 of 2026 5. The Inspector of Police, Cyber Crime Wing, Collector Office Road, Shivaji Nagar, Thanjavur 613 001. 6. The Branch Manager, Meignanapuram Branch (Branch Code. 2786) The Indian Bank, Semmarikulam, Meignanapuram, Tiruchendur 628 210. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 5th respondent to de-freeze petitioner's bank account bearing Account No. 7904480842 at the Meignanapuram Branch of Indian Bank, Tiruchendur and restore it to its status quo ante prior to its freezing. For Petitioner : Mr.S.Dalwin Kumar For Respondents : Mr.D.Rajaboopathy (R2 to R5) Government Advocate (Crl.) Mr.C.Karthick (R6) Standing Counsel Ms.M.R.Priyanka Jothi (R1) Government Advocate (Civil) ORDER This petition has been filed seeking for a direction to the 5th respondent to de-freeze petitioner's bank account bearing Account No. 7904480842 at the 2/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3940 of 2026 Meignanapuram Branch of Indian Bank, Tiruchendur and restore it to its status quo ante prior to its freezing. 2. The facts leading to the filing of the petition are as follows: (a) The petitioner is holding an account bearing A/c No. 7904480842 at the sixth respondent. (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 sixth respondent freezing the entire account is illegal and violates the fundamental rights of the petitioner; that the sixth respondent was obliged to obey the directions, the sixth 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. 4. The learned counsel appearing for the sixth respondent submitted that the petitioner's bank account has not been frozen and continues to remain fully operational. It was further submitted that only a hold has been placed on a quantified amount of Rs.9,256/- in his account, at the instance of the fifth 3/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3940 of 2026 respondent, while the petitioner is otherwise free to operate the account. 5. Heard the learned counsel appearing on either side and carefully perused the materials placed before this Court. In view of the submissions made by the learned counsel appearing for the sixth respondent bank, this Court does not find it necessary to issue notice to the first respondent. 6. In view of the submissions made by the learned counsel appearing for the sixth respondent bank, it is clear that the petitioner's account has not been frozen and that only a lien has been marked over a quantified sum. Accordingly, the lien over the quantified amount shall continue to remain in force. However, it is made clear that the petitioner shall be permitted to freely operate the account, subject to the subsisting lien over the quantified amount. 7. Further, 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 4/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3940 of 2026 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.” 8. Accordingly, this writ petition is disposed of on the following directions: (a). The sixth 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. 17.07.2026 NCC : Yes / No Index : Yes / No sm 5/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3940 of 2026 TO:- 1. The Additional General of Police, Cyber Crime Wing, No.3, Dr.Natesan Road, Police Training College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai. 2. The Inspector General of Police, Central Zone, Kajamalai Colony, Edamalaipatti Pudur, Trichy 620 023. 3. The Superintendent of Police, Cyber Crime Division - 1, Cyber Crime Wing, No.3, Dr.Natesan Road, Police Training College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai – 600 083. 4. The Inspector of Police, Cyber Crime Wing, Collector Office Road, Shivaji Nagar, Thanjavur 613 001. 5. The Branch Manager, Meignanapuram Branch (Branch Code. 2786) The Indian Bank, Semmarikulam, Meignanapuram, Tiruchendur 628 210. 6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3940 of 2026 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.3940 of 2026 Dated 17.07.2026 7/7 https://www.mhc.tn.gov.in/judis