Authority: Madras High Court, Madurai Bench
Order Date: 16-10-2026
Case Overview
- Petitioner: Mahalakshmi (referred to as A12) filed a criminal revision petition under S.438 CrPC challenging the freezing of her bank account No. 10056876024 held at Pandiyan Grama Bank, Cholapuram Branch.
- Respondent: State of Tamil Nadu represented by the Inspector of Police, Rajapalayam South Police Station, Virudhunagar District; Additional Public Prosecutor D. Venkatesh appeared for the respondent.
- The trial court (Judicial Magistrate, Rajapalayam) on 04‑07‑2025 declined to defreeze the account, stating that the police seizure was valid.
- The petitioner argued that the police froze the account without any notice and failed to report the seizure to the jurisdictional magistrate as mandated by Sections 106 and 102 of the Criminal Procedure Code.
- The High Court examined the statutory provisions, noting that a bank account constitutes “property” under Section 102 CrPC and that non‑reporting vitiates the seizure.
Final Outcome
- The High Court held that the police’s failure to report the seizure “forthwith” to the magistrate rendered the freeze illegal.
- The revision petition was allowed; the order of the trial court dated 04‑07‑2025 refusing to defreeze the account was reversed.
- Consequently, the bank account No. 10056876024 at Pandiyan Grama Bank, Cholapuram Branch, is to be defrozen.
Topics: Court Proceedings, Banking Regulation