Dr L Prakash v. State
In the High Court of Madras
Crl. O.P. 2582/2016
Before Justice R Mala
Decided on April 04, 2016

Relevancy of the case: Petition to de-freeze account frozen during the investigation

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67, 72)
• The Indecent Representation of Women (Prohibition) Act, 1986 (Section 4, 6)
• The Arms Act, 1959 (Section 27)
• The Indian Penal Code, 1860 (Section 120B, 506(ii))
• The Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case

• The Petitioner was accused of crimes under relevant sections and had his bank accounts frozen during the investigation.
• He was convicted by the Sessions Court and appealed against the conviction and the sentence before the Madras High Court. The High Court upheld the conviction but modified the sentence. He paid the required fines, and all proceedings against him were over.
• Here, he has filed a petition to de-freeze the bank accounts.

Prominent Arguments by the Advocates 

• The petitioner’s counsel argued that the petitioner was exonerated from all charges, the period of incarceration was set off and he paid the required fines. Therefore, the accounts should be de-frozen.
• The Public Prosecutor argued that the trial court should inquire into the matter as no specific order was passed by the Sessions or Appellate Court regarding the same. The trial court should ascertain whether the amount in his account should be treated as sales proceeds for transferring the videos to the USA (in connection to the crime).

Opinion of the Bench

• The conviction was not set aside by the High Court and only the sentence was modified with no order regarding the bank account. Thus, the Sessions Judge should enquire into whether the amount in the frozen account should be treated as sales of proceeds.
• The Sessions Judge should inquire into the matter and pass an order regarding it within one month of receipt of this order.

Final Decision

• Petition allowed.