High Court · 2025

WP Crl. No. 585 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-09-2025CORAMTHE HONOURABLE MR JUSTICE N. SATHISH KUMARWP Crl. No. 585 of 20251. JothimaniS/o. Ramasamy, 1/165, Kondichettipatti, Periyapatti Post, Namakkal.Petitioner(s)Vs1. The Inspector of Police,CCD-II, Cyber Crime Police Station, Namakkal.2.The Nodal Officer,Axis Bank, Axis Bank Ltd, 3rd Floor, Corporate Park 2, Behind Swastik Chambers, Sion Trombay Road, Chembur East, Mumbai, Maharashtra - 4000713.The Manager,Axis Bank, Onkar, Plot No. 17, Shivdham Sankul, Gen.A.K.Viadya Marg, Opp. Oberoi Mall, Dindoshi, Goregaon (E), Mumbai 400063.4.The Manager,Axis Bank, Evershine Nagar Malad https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 2025West, Kalpataru, 17, Padma Nagar, Mumbai - 400064.5.The Manager,HDFC Bank, Branch - Tulsiani Chamber, 101-104, Tulsiani Chambers, Free Press Journal Marg, Nariman Point, Mumbai - 400021.Respondent(s)PRAYER : Writ Petition filed under Article 226 of Constitution of India directing the 1st Respondent herein to take appropriate steps to initiate refund of the amounts to the petitioner's bank account pursuant to the order in CMP.No.558 of 2024 by the Hon'ble Judicial Magistrate, Additional Mahila Court, Namakkal, in accordance with law and within a Stipulated period.For Petitioner(s):Mr,S.SriramFor Respondent(s):Mr.K.M.D.Muhilan Additional Public Prosecutor – R1Mr.C.Mohan, Ms.A.Rexy Josephine Mary for M/s.King & Patridge – R5 ORDERThis Writ Petition has been filed to direct the first respondent to take appropriate steps to initiate refund of the amounts to the petitioner's bank account pursuant to the order in CMP.No.558 of 2024 passed by the Judicial https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 2025Magistrate, Additional Mahila Court, Namakkal, in accordance with law and within a Stipulated period.2. Despite service of notice, there is no representation for the respondents 2 to 4. 3. It is the case of the petitioner that on the complaint given by him to the first respondent, that he was cheated to the tune of Rs.85,16,941/- a case in Crime No.32 of 2024 has been registered for the offence under section 420 of IPC. On the basis of the said complaint, as his account has been frozen, he filed a petition in Crl.M.P.No.558 of 2024, for release of the refundable amount. 4. It is the contention of the petitioner that despite the Order of the learned Judicial Magistrate, Additional Mahila Court, Namakkal, to refund the amount to the petitioner, the same has not been done. The learned counsel appearing for the fifth respondent submitted that they had refunded the amount. The same has not been disputed by the petitioner. https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 20255. As far as the amount to be refunded by the Axis Bank is concerned, the amount has not been refunded. The learned Additional Public Prosecutor appearing for the first respondent submitted that the respondent had also sent a letter to the Axis Bank in this regard. However, the amount has not been refunded to the petitioner. 6. In such view of the matter, there shall be a direction to the Axis Bank to defreeze the account of the petitioner and refund the amount and thereafter, freeze the account. Such an exercise shall be completed within a period of four weeks from the date of receipt of a copy of this Order.7. With the above direction, this Writ Petition is disposed of. 08-09-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Novrc https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 2025To1.The Inspector of Police,CCD-II, Cyber Crime Police Station, Namakkal.2.The Nodal Officer,Axis Bank, Axis Bank Ltd, 3rd Floor, Corporate Park 2, Behind Swastik Chambers, Sion Trombay Road, Chembur East, Mumbai, Maharashtra - 4000713.The Manager,Axis Bank, Onkar, Plot No. 17, Shivdham Sankul, Gen.A.K.Viadya Marg, Opp. Oberoi Mall, Dindoshi, Goregaon (E), Mumbai 400063.4.The Manager,Axis Bank, Evershine Nagar Malad West, Kalpataru, 17, Padma Nagar, Mumbai - 400064.5.The Manager,HDFC Bank, Branch - Tulsiani Chamber, 101-104, Tulsiani Chambers, Free Press Journal Marg, Nariman Point, Mumbai - 400021. https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 2025N.SATHISH KUMAR J.vrcWP Crl. No. 585 of 2025 08-09-2025 https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.10.2025CORAM:THE HON'BLE MR.JUSTICE N. SATHISH KUMARW.P.Crl.No.585 of 2025Jothimani... PetitionerVs.1.The Inspector of Police, CCD-II, Cyber Crime Police Station, Namakkal.2.The Nodal Officer,Axis Bank, Axis Bank Ltd, 3rd Floor, Corporate Park 2, Behind Swastik Chambers, Sion Trombay Road, Chembur East, Mumbai, Maharashtra – 400071.3.The Manager,Axis Bank, Onkar, Plot No. 17, Shivdham Sankul, Gen.A.K.Viadya Marg, Opp. Oberoi Mall, Dindoshi, Goregaon (E), Mumbai 400063.4.The Manager,Axis Bank, Evershine Nagar Malad West, Kalpataru, 17, Padma Nagar, Mumbai – 400064.5.The Manager,HDFC Bank, Branch - Tulsiani Chamber, 101-104, Tulsiani Chambers, Free Press Journal Marg, Nariman Point, Mumbai - 400021.... Respondents https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 2025For Petitioner:Mr.S.SriramFor R1:Mr.K.M.D.MuhilanAdditional Public ProsecutorFor R5:Mr.C.MohanO R D E RThe Writ Petition has been filed seeking a direction to the first respondent Police to take appropriate steps to initiate refund of the amounts to the petitioner's bank account pursuant to the order in C.M.P.No.558 of 2024 passed by the learned Judicial Magistrate, Additional Mahila Court, Namakkal.2.It is seen that this Court, while disposing of the Writ Petition on 08.09.2025, had directed the Axis Bank to de-freeze the accounts of the accused, refund the amount to the petitioner and thereafter, re-freeze the same. However, certain inadvertent errors have crept into the said order. Hence, the matter has been listed today under the caption for “being mentioned”.3.In view of the above, the errors are hereby corrected and the relevant paragraphs 3 and 6 of the order dated 08.09.2025, stand modified as follows:- https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 2025“3.It is the case of the petitioner that on the complaint given by him to the first respondent, that he was cheated to the tune of Rs.85,16,941/- a case in Crime No.32 of 2024 has been registered for the offence under section 420 of IPC. On the basis of the said complaint, the bank accounts of the accused maintained in Axis Bank, viz., 1. Account No.923020027932032, IFSC Code : UTIB0001062; 2. Account No.924020017092141, IFSC Code : UTIB0004707 and 3. Account No.924020017092015, IFSC Code : UTIB0004707 and in HDFC Bank, viz., Account No.99999023433038, IFSC Code : HDFC0000001 have been frozen. Thereafter, the petitioner has filed a petition in Crl.M.P.No.558 of 2024, seeking release of the refundable amount.6.In such view of the matter, there shall be a direction to the Axis Bank to de-freeze the following accounts maintained by the accused, viz., 1. Account No.923020027932032, IFSC Code : UTIB0001062; 2.Account No.924020017092141, IFSC Code : UTIB0004707 and 3. Account No.924020017092015, IFSC Code : UTIB0004707, refund the refundable amount to the petitioner and thereafter, freeze the accounts. Such an exercise shall be completed within a period of four weeks from the date of receipt of copy of this Order.” https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 20254.The Registry is directed to carry out the necessary correction and issue fresh copy of the order.09.10.2025hamTo1.The Inspector of Police, CCD-II, Cyber Crime Police Station, Namakkal.2.The Nodal Officer,Axis Bank, Axis Bank Ltd, 3rd Floor, Corporate Park 2, Behind Swastik Chambers, Sion Trombay Road, Chembur East, Mumbai, Maharashtra – 400071.3.The Manager,Axis Bank, Onkar, Plot No. 17, Shivdham Sankul, Gen.A.K.Viadya Marg, Opp. Oberoi Mall, Dindoshi, Goregaon (E), Mumbai 400063.4.The Manager,Axis Bank, Evershine Nagar Malad West, Kalpataru, 17, Padma Nagar, Mumbai – 400064.5.The Manager,HDFC Bank, Branch - Tulsiani Chamber, 101-104, Tulsiani Chambers, Free Press Journal Marg, Nariman Point, Mumbai – 400021.6.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis WP Crl. No. 585 of 2025N. SATHISH KUMAR , J. hamW.P.Crl.No.585 of 202509.10.2025