K.Sekar v. The Bank ManagerIndian Overseas Bank
Case at a glance
Outcome
Disposed of
This writ petition is disposed of with the above directions
Provisions considered
Key paragraphs
- Para 44. In the considered view of this Court, the police cannot direct the respondent Bank to straight away freeze the bank account without following the https://www.mhc.tn.gov.in/judis 3/5WP No. 35613 of 2024due process. That apart, the police will have to necessarily follow the mandate under Section…
Judgment
1/5WP No. 35613 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11-07-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHWP No. 35613 of 2024K.SekarPetitioner(s)VsThe Bank ManagerIndian Overseas Bank, Saligramam, Chennai 600093.Respondent(s)PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records to Impugned Order passed by the respondent dated 25.10.2024 and also further direction to de-freeze the saving bank account in Acc. No. 067601000066226.For Petitioner(s):Mr.T.BalachandranFor Respondent(s):Mr.Rahul Jain https://www.mhc.tn.gov.in/judis 2/5WP No. 35613 of 2024ORDERThis writ petition has been filed challenging the freezing of the bank account of the petitioner maintained before the respondent Bank.
Heard Mr.T.Balachandran, learned counsel appearing on behalf of the petitioner and Mr.Rahuljain, learned counsel appearing on behalf of the respondent.
The petitioner's Bank account was freezed mainly on the ground that an FIR came to be registered against the petitioner in Crime No.349 of 2024 for offence under the Cigarettes and Other Tobacco Products Act, 2003. The respondent has stated in the counter affidavit that the bank account was not freezed unilaterally by the respondent and they were asked to freeze the bank account by the Sub Inspector of Police, K-10, Koyambedu Police Station.
Operative part
In the considered view of this Court, the police cannot direct the respondent Bank to straight away freeze the bank account without following the https://www.mhc.tn.gov.in/judis 3/5WP No. 35613 of 2024due process. That apart, the police will have to necessarily follow the mandate under Section 102 of Cr.P.C.,5.In the light of the above discussion, there shall be a direction to the respondent bank to defreeze the bank account and permit the petitioner to operate the bank account. 6. This writ petition is disposed of with the above directions. No Costs. 11-07-2025Index: Yes/NoSpeaking/Non-speaking orderInternet: YesNeutral Citation: Yes/Nossr https://www.mhc.tn.gov.in/judis 4/5WP No. 35613 of 2024ToThe Bank ManagerIndian Overseas Bank, Saligramam, Chennai 600093. https://www.mhc.tn.gov.in/judis 5/5WP No. 35613 of 2024N.ANAND VENKATESH J.ssrWP No. 35613 of 2024 11-07-2025
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This writ petition is disposed of with the above directions
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Cigarettes and Other Tobacco Products Act, 2003; Code of Criminal Procedure, 1973 — s. 102.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.