✦ High Court of India · 24 Sep 2025

High Court · 2025

Case Details High Court of India · 24 Sep 2025

Court

High Court of India

Decided

24 Sep 2025

Bench

N. SATHISH KUMAR

Length

1,047 words

Acts & Sections

Constitution of India Indian Penal Code §406

W.P.Crl.Nos.541 & 602 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24.09.2025CORAM:THE HONOURABLE MR.JUSTICE N. SATHISH KUMARW.P.Crl.No.541 & 602 of 2025WP.Crl.No.541 of 2025M.S.Kader Mydeen... PetitionerVersus1.The Inspector of Police Forgery Wing, Central Crime Branch Avadi, Chennai-0042.The Branch ManagerHDFC Bank Saligramam Branch No.75-A, Arcot Road Saligramam, Chennai-600 0263. The Branch Manager Axis Bank Alandur Branch No.20/7, V.K.Enclave, SBI Colony City Link Main Road, Adambakkam, Chennai-600 0884.The Branch Manager Axis Bank Saligramam Branch No.75-A, Arcot Road, Saligramam, Chennai-600 0265. The Branch ManagerPunjab National Bank Sirkali Branch No.135, Bazaar street, Pidari West Street, Mayiladuthurai District-609 1106.Ahamed Kabeer ... Respondents________Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.541 & 602 of 2025(6th respondent impleaded vide order dated 24.09.2025 made in WPMP.Crl.No.370 of 2025 in WP.Crl.No.541 of 2025)WP.Crl.No.602 of 2025M/s.SEIKODENKI INDIA PRIVATE LIMITEDRepresented by its Authorised SignatoryMr.R.SRINIVASANS/o.RamalingamDP-50, SIDCO Industrial Estate, 8th Cross StreetThirumazhisai, Tiruvallur – 600 124... PetitionerVersus1.The Inspector of Police Forgery Wing, Central Crime Branch Avadi, Chennai-0042.The Branch ManagerHDFC Bank Saligramam Branch No.75-A, Arcot Road Saligramam, Chennai-600 0263. The Branch Manager ICICI Bank – Vadapalani Branch 184/2, NSK Salai, Arcot RoadChennai – 600 026 4.The Branch Manager Standard Chartered Bank – Nungambakkam Branch Grindlays Garden, No.1, Haddows Road, Chennai-600 0065. The Branch ManagerPunjab National Bank – West Mambalam Branch81/177, Lake View RoadWest Mambalam, Chennai6.Ahamed Kabeer ... Respondents(6th respondent impleaded vide order dated 24.09.2025 made in WPMP.Crl.No.365 of 2025 in WP.Crl.No.602 of 2025)________Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.541 & 602 of 2025Prayer in WP.No.541 of 2025: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to defreeze the attachments of the Petitioners Bank Accounts A/c.No.20822320000060 and A/c.No.50100164270333-HDFC Bank-Saligram Branch 2] A/c.No.0489002100053099, A/c.No.048900096142 PUNJAB NATIONAL BANK Branch- 3]A/c.No.923020025506181-Axis Branch Saligram Branch, 4] A/c.No.920020052510211 A/c.No.920020055198100 A/c.No.92002002348504 A/c.No.922020027422114 A/c.No.922020005336107-Axis Bank Alandur Branch which were attached by the 1st respondent in pertaining to the FIR in Cr.No.38 of 2024 by considering the petitioner representation dated 13.06.2025 and take necessary action in accordance with law.Prayer in WP.No.602 of 2025: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to defreeze the attachments of the Petitioner's Bank Accounts 1]A/c.No.20822320000060 and A/c.No.50100164270333-HDFC Bank-Saligram Branch 2]A/c.No.0489002100053099 A/c.No.048900096142 PUNJAB NATIONAL BANK Branch- 3]A/c.No.923020025506181-Axis Branch Saligram Branch 4]A/c.No.920020052510211, A/c.No.920020055198100, A/c.No.92002002348504, A/c.No.922020027422114, A/c.No.922020005336107-Axis Bank Alandur Branch Which were attached by the 1st respondent in pertaining to the FIR in Cr.No.38 of 2024 by considering the petitioner representation dated 13.06.2025 and take necessary action in accordance with law.W.P.No.541 of 2025For Petitioner : Mr.V.Karthikeyan for Mr.S.Vidhya SagarFor Respondents : Mr.K.M.D.Muhilan, APP for R1 Mr.C.Mohan and Ms.A.Rexy Josephine Mary for King and Patridge for R2 Mr.R.Palanikumar Ramesh for R3 & R4 Mr.C.Aravind for R6________Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.541 & 602 of 2025W.P.No.602 of 2025For Petitioner : Mr.V.Karthikeyan for Mr.S.Vidhya SagarFor Respondents : Mr.K.M.D.Muhilan, APP for R1 Mr.C.Mohan and Ms.A.Rexy Josephine Mary for King and Patridge for R2 Mr.C.Aravind for R6COMMON ORDERSince the issue arises out of the same Cr.No.38 of 2024 and freezing of bank accounts of the petitioner company and its erstwhile Director on the Board of Company, these writ petitions are taken up together and is disposed of by way of this common order. 2. The petitioners seek for a direction to the first respondent to defreeze the attachment of the company's bank account maintained in the respondent Nos.2 to 5 bank account.3. WPMP.Crl.Nos.365 and 370 of 2025 has been filed to implead the petitioner therein as the 6th respondent in WP.Crl.Nos.602 and 541 of 2025 respectively. Considering the facts and circumstances of the cases and there is no objection in allowing the impleading petitions, these petitions are ordered. ________Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.541 & 602 of 20254. Consequent upon the registration of FIR in Cr.No.38 of 2024 based on the complaint lodged by the 6th respondent herein/Ahamed Kabeer for the alleged offence under Sections 406, 409, 465, 468, 467 & 420 of IPC, not only the petitioner in WP.Crl.No.541 of 2025 account was freezed but also the accounts of the petitioner company in WP.Crl.No.602 of 2025 were also freezed. The petitioner in WP.Crl.No.541 of 2025 was one of the directors of the petitioner company and now, the petitioner is not running the company and he is arrayed as A2 in the FIR.5. Since the dispute arose between the petitioner company and the 6th respondent herein resulting in registration of FIR, writ petition was filed in WP.Crl.No.62 of 2025 seeking police protection by the petitioner company as against the 6th respondent. This Court by order dated 25.08.2025 has recorded that the fourth respondent/sixth respondent herein himself as admitted that they are not in possession and is not causing disturbance, it is well open to the petitioner to run the company as per law.6. The allegations in the FIR is to the alleged misappropriation of funds, pursuant to the investigation, when the petitioners' bank accounts ________Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.541 & 602 of 2025were frozen, sum of Rs.30,96,682/- was available in the bank accounts. The details as submitted by the learned counsel for the second respondent/HDFC Bank is as follows:-NameAccount No.BalanceAccount StatusDate on which account freezedMillion Services Trading & Contracting20822320000060200282.08No Debit21/04/2025Seikodenki India Private Limited5020003313035062555011.16No Debit16/04/2025Selvendiran S Jaafar5010026504204192589.73No Debit21/04/2025Seikodenki Million Manufacturing India P50200050078775119619.06Account Blocked Dormant22/11/2021M S Kader Mydeen50100164270333129178.66No Debit15/04/20257. Now, the learned counsel for the sixth respondent submitted that if there is a lien over the amounts, defreezing may not be a difficulty8. Mr.V.Karthikeyan, learned counsel for the petitioner in both cases submitted that the petitioners may be permitted to operate other than the amounts already lying in the account. ________Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.541 & 602 of 20259. Such view of the matter, let the second respondent make a lien over the amount of Rs.30,96,682/- and defreeze the bank accounts for the rest of the amount. With regard to the rest of the amount, the petitioners are entitled to operate the bank accounts except the sum of Rs.30,96,682/- for which a lien to be marked by the second respondent. 10. With the above directions, these petitions are disposed of. No costs. 24.09.2025dhkIndex :Yes/NoInternet:Yes/NoTo1.The Inspector of Police Forgery Wing, Central Crime Branch Avadi, Chennai-0042. The Public ProsecutorMadras High Court________Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.Crl.Nos.541 & 602 of 2025N. SATHISH KUMAR, J.dhkW.P.Crl.No.541 & 602 of 202524.09.2025________Page 8 of 8

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