1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/08/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.9171 of 2011 and M.P.(MD).No.1 of 2011 Nadar Mahajana Sangam Kamaraj College of Education, Throuh it Principal, Tmt.T.Viji, Pazhavilai, Nagercoil, Kanyakumari District. ... Petitioner Vs. 1.The Secretary/Correspondent, Kamaraj College of Education, Pazhavilai, Kanyakumari District. 2.The Chief Manager, Indian Overseas Bank, Meenakshipuram Branch, Nagercoil, Kanyakumari District. 3.G.Karikolraj 4.B.Chandramohan ... Respondents Petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the second respondent to freeze the account bearing No.SB 17005 maintained with the second respondent bank. For petitioner .. Mr.M.Gnanagurunathan ORDER Pleadings and materials on record disclose that alleging that the third respondent, claiming himself to be the Correspondent of the Nadar Mahajana Sangam, Kamaraj College of Education, Pazhavilai, Kanyakumari District, has opened a saving bank account in his name along with the fourth respondent and that they have misused and swindled several lakhs of rupees, the petitioner has submitted a representation on 07.04.2011 to the Chief Manager, Indian Overseas Bank, Meenakshipuram Branch, Nagercoil, Kanyakumari District, to freeze the bank account bearing S.B.No.17005. It is the case of the petitioner that the funds of Nadar Mahajana Sangam Kamaraj Polytechnic Paribalana Sabai, a society registered under https://hcservices.ecourts.gov.in/hcservices/ 2 the Societies Registration Act, is being swindled and that therefore, the College is not in a position to disburse salary to its staff regularly. Inter alia contending that no action has been taken by the Bank, he has sought for a mandamus directing the Bank to freeze the abovesaid saving bank account. 2.Pleadings and materials on record further disclose that earlier, on the basis of a complaint lodged by one Mr.C.Dharmalingam, claiming himself to be the Secretary and Correspondent of Kamaraj Polytechnic College, Nagercoil, Kanyakumari District, a case in Crime No.9 of 2011 has been registered under Sections 420, 468 read with 34 IPC, against the third and fourth respondents herein. Pursuant to the directions of this Court in Crl.O.P.(MD).No.15134 of 2010, dated 20.12.2010, a complaint has been taken on file by the Crime Record Bureau and investigation is stated to be pending. When the investigation into a crime is pending with reference to the allegations of cheating and swindling of money deposited in the saving bank account, bearing registration No.17005, this Court cannot record any finding as to whether the respondents 3 & 4 have committed the above said offences and accordingly, issue any direction to the Bank to freeze the abovesaid account. If the Investigating Officer, Crime Branch, Madurai District, has come to a prima facie conclusion, on the basis of the materials collected during investigation, it is always open to him to bring it to the notice of the bank for appropriate orders. This Court, sitting under article 226 of the Constitution of India, cannot take up the role of an investigating officer and issue the direction sought for, pending investigation, as it would be interference with the course of investigation. 3.In such view of the above, mandamus sought for cannot be granted and hence, the writ petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Secretary/Correspondent, Kamaraj College of Education,Pazhavilai, Kanyakumari District. 2.The Chief Manager, Indian Overseas Bank, Meenakshipuram Branch, Nagercoil, Kanyakumari District. +1cc to M/s.Pala Ramasamy, Advocate Sr.No.27886 +1cc to Mr.B.Saravanan, Advocate Sr.No.28161 gcg ssk/21.09.2011 /5c-2p/- W.P.(MD) No.9171 of 2011 16.08.2011 https://hcservices.ecourts.gov.in/hcservices/