THE HON'BLE MR.JUSTICE S.BASKARAN Crl.O.P.No.2726 of 2017 S.Lakshmi Devi ..Petitioner/Accused Vs The State rep. By the Inspector of Police CBI/ACB/Chennai Crime No.RC 27 (A)/2010 ..Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C., seeking direction to the respondent to defreeze the account in connection with case in Special C.C.No.2 of 2011.
For Appellants : Mr.V.Krishnakumar For respondent: Mr.K.Srinivasan, Special Public Prosecutor ORDER The petitioner herein was charged for offences under Section 13(2) r/w.13(1)(e) of the Prevention of Corruption Act, 1988 and under Section 109 IPC r/w.13 (2) r/w. 13(1)(e) of the Prevention of Corruption Act, 1988. The petitioner was acquitted by the trial court in Special C.C.No.2/2011 by judgment dated 28.01.2015.
2. According to the petitioner, during investigation, the respondent freezed her following account:-
a) SOD Account No.30036 pertaining to Union Bank of India, Nagapattinam.
It is further stated that at the time of freezing of account on 14.07.2010, the outstanding amount was Rs.65,130/- and even though the petitioner was acquitted, she is unable to clear the outstanding as the bank is refusing to accept the same resulting in accumulation of interest for the past 7 years.
3. Today, when the matter is taken up for hearing, Mr.K.Srinivasan, learned Special Public Prosecutor, appearing for the respondent submits that the State has no serious objection to defreeze the account of the petitioner herein, pending criminal appeal filed by CBI, against the acquittal order dated 28.01.2015.
4. The learned counsel for the petitioner also filed a memo dated 17.02.2017 before this court stating that the petitioner is willing to abide by any condition imposed by this court, pending outcome of criminal appeal, filed by the respondent, against the acquittal order passed in Spl.C.C.No.2 of 2011.
5. Taking into consideration the facts and circumstances of the case and the memo filed by the counsel for the petitioner, this court is inclined to order for defreeze the SOD Account No.30036, pertaining to Union Bank of India, Nagapattinam, of the petitioner herein.
6. In the result, this Criminal Original Petition is allowed. The account number mentioned above shall be defreezed within 2 weeks from the date of receipt of a copy of this order. The petitioner is directed to comply with the formalities specified by the Bank concerned as well as the State/CBI, at the time of such defreezing 20.02.2017 nvsri Note:Issue order copy on 21.02.2017 To
1. The Inspector of Police CBI/ACB/Chennai Crime No.RC 27 (A)/2010
2. The Sessions Judge, Karaikal.
S.BASKARAN,J.
nvsri Crl.O.P.No.2726 of 2017 20.02.2017 http://www.judis.nic.in