GROUNDS I. The directions issued by the Respondent Police to freeze the Petitioner’s bank accounts are illegal, arbitrary, unconstitutional and high-handed and have resulted in a gross violation of the rights guaranteed to the Petitioner under the Constitution of India.

by Sekar Reporter · December 30, 2025

MEMORANDUM OF CRIMINAL ORGINAL PETITION
(Under Section 528 of B.N.S.S, 2023)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Original Jurisdiction)

Crl.O.P.No. of 2025

SHANKAR @ SAVUKKU SHANKAR
S/o. Late. Achimuthu
Male; Aged: 49 years
No.1417, 12th Floor
TVS EMERALD LIGHT HOUSE
200 Feet Radial Road,
Iswarya Nagar, Pallavaram
Chennai-600041. ….. Petitioner
VERSUS

THE INSPECTOR OF POLICE
J1 -Saidapet Police Station
Chennai. (Crime no.519/2025) ..…Respondent

PETITION FOR DIRECTION UNDER SECTION.528N OF B.N.S.S, 2023

The Petitioner above named begs to submits as follows:

1. The Petitioner submits that he has filed this Criminal Original Petition seeking a direction to defreeze the bank accounts, which have been unnecessarily and unjustifiably frozen at the instance of the Respondent Police, under the guise of pending investigation in crime no.519/2025, on the file of Respondent Police.

2. The Petitioner submits that he is a video journalist and the Chief Executive Officer of Savukku Media (OPC) Private Limited, having its office at No.111, Aranganathan Illam, 2nd Floor, Jai Kasthuri Parthasarathy Nagar 3rd Street, Adambakkam, Chennai – 600088. He has been engaged in investigative journalism and whistleblowing activities exposing corruption and maladministration through his YouTube channel “Savukku Media.”

3. The Petitioner submits that due to his exposure of illegalities and abuse of power and the critiques and comments made by him in his capacity as a journalist, politicians wielding power, in collusion with certain police officials, have persistently and vindictively foisted one criminal case after another against him, with the sole object of silencing him and stifling his fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. During his earlier custody, he was subjected to custodial violence, which resulted in serious physical injuries, including a fracture to his hand. There were also suspicious circumstances surrounding a police vehicle accident that occurred while he was being transported under Police custody. These incidents have caused severe trauma and continuing apprehension to his life and safety.

4. The Petitioner submits that on 12.05.2024, a detention order was passed against him under the Tamil Nadu Act XIV of 1982. The Division Bench of this Hon’ble Court was pleased to set aside the said detention order by order dated 09.08.2024 in H.C.P. No.1163 of 2024, holding that the detention had been passed without proper application of mind and for extraneous and mala fide reasons. Despite the same, a second detention order was passed against him on 12.08.2024, immediately after the first detention order was set aside. When the said second detention order was challenged before the Hon’ble Supreme Court, the Hon’ble Apex Court orally condemned the action of the authorities and ordered his immediate release.

5. The Petitioner submits that he has been regularly attending the Court proceedings and facing the cases against him by due process of law. While so, on 13.12.2025, he was arrested by the Respondent Police in Crime No.519 of 2025 for the alleged offences under Sections 296(b), 353(1)(c), 308(5), 61(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and remanded to judicial custody. He submits that he has not committed any offence whatsoever and the impugned FIR has been maliciously foisted solely on account of his journalistic activities.

6. The Petitioner submits that the arrest was made on false and fabricated allegations, alleging that an unknown person transferred a sum of Rs.94,000/- to the GPay account of his employee Nitheesh Kumar and falsely portraying the same as extortion connected with a person running a bar known as “No Name Bar.” It is alleged in the FIR as if the Petitioner had made certain scandalous statements against the said Bar on his YouTube channel “Savukku Media. It is further alleged that in order to refrain from making further imputations, Petitioner demanded money and pursuant thereto a sum of Rs.94,000/- was transferred on 12.12.2025 at about 3.30 p.m. to the Petitioner’s employee Nitheesh Kumar’s mobile number linked with his GPay account. It is further alleged that, based on the said allegation, the de facto complainant lodged a complaint at about 7.45 p.m., whereupon the Respondent Police registered the FIR immediately and, on the very next day, the Petitioner was arrested and, consequently, all the bank accounts were frozen.

7. The Petitioner submits that on 12.12.2025, upon noticing an unauthorised transfer of money Nitheesh Kumar immediately made enquiries by contacting his mother and other relatives at around 4.00 p.m on the same day. Thereafter he was in the process of approaching the Bank to lodge a complaint regarding the said unauthorised transaction. However, without conducting any basic or preliminary enquiry, the Respondent Police proceeded to register the FIR. It is pertinent to state that immediately upon noticing the credit of the said amount, whatever transpired in the office was captured in the office CCTV footage, which constitutes material evidence and would clearly establish the false case foisted by the Respondent Police.

8. The Petitioner submits that under the pretext of investigation, the Respondent Police seized several digital and storage devices, the title deed of the flat, as well as cash belonging to him. On 13.12.2025 at about 1.10 p.m., under the pretext of effecting arrest and conducting a search, the Respondent Police apprehended him at his residence and illegally seized all his belongings and professional gadgets, including three laptops, two iMac desktop computers, hard disks, a Wi-Fi modem, cash of Rs.4,00,000/- and two cars, namely an Innova (leased vehicle) and a Swift Dzire. He further submits that the Respondent Police forcibly broke open his bureau locker using crowbars and hand tools and illegally removed cash kept therein, which was kept for the medical emergencies of his aged mother.

9. The Petitioner submits that on 17.12.2025, when he was in police custody, at about 2.00 p.m., he was taken by the Respondent Police to his office premises, where the electricity supply was disconnected and five hard disks, one external hard disk and other electronic storage devices were seized indiscriminately, in blatant violation of the learned Magistrate’s direction to seize only materials relevant to the investigation. It is pertinent to state that CCTV cameras were installed at his office premises, whereas, in order to prevent the illegal seizure from being recorded, the Respondent Police deliberately switched off the power supply to the office premises, so that their unlawful actions were not captured by the office CCTV cameras.

10. The Petitioner submits that he was in police custody from the evening of 16.12.2025 till the morning of 20.12.2025. He has already narrated in detail the hardships and ill-treatment suffered by him during police custody as well as in prison in his earlier petitions filed before this Hon’ble Court seeking other reliefs and, in order to avoid repetition, the same are not reiterated herein.

11. In furtherance thereof, under the guise of investigation in the above case, the Respondent Police has issued instructions to the banks to freeze the following bank account numbers unnecessarily and without any justification:

Sl.
No. Account Holder
Name Bank Name Account
Type Account Number Branch
1. Shankar Bank of Baroda Savings Bank (SB) 24760100034679 T. Nagar
Branch
Sl.
No. Account Holder
Name Bank Name Account
Type Account Number Branch
2. Malathi Bank of Baroda Savings Bank (SB) 24760100010548 Wimco nagar
Branch
3. Malathi Tamilnad Mercantile Bank Savings Bank (SB) 208100050600012 Maduravoyal
Branch
4. Savukku Consultants
Private Limited Tamilnad
Mercantile Bank Current
Account 208150050801042 Maduravoyal
Branch
5. Malathi Tamilnad Mercantile Bank Fixed Deposit (FD) 208200400103190
Maduravoyal
Branch

12. The Petitioner submits that since the transfer of the said amount was done unauthorisedly to entrap him in a false case, his employee Nitheesh Kumar retransferred the said amount to the same cell number through GPay on the following dates: Rs.30,000/- (Rs.10+Rs.10K+Rs.10K) on 15.12.2025; Rs.50,000/- (Rs.20+Rs.20K+Rs.10K) on 17.12.2025 and Rs.14,000/- on 18.12.2025 and the said transactions are borne out by bank account statements. Since Nitheesh kumar holds a Post Office account, he could not retransfer the amount in a single transaction and therefore the same was retransferred on different dates. Also, Nithish, the transferee who received the unauthorised amount, not only retransferred the same but also lodged a complaint with the Postal Bank authorities both in person and by Registered Post. While so, the freezing of all the bank accounts is illegal and arbitrary for the following, among other

GROUNDS
I. The directions issued by the Respondent Police to freeze the Petitioner’s bank accounts are illegal, arbitrary, unconstitutional and high-handed and have resulted in a gross violation of the rights guaranteed to the Petitioner under the Constitution of India.

II. The Respondent Police failed to see the narrow scope of Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In stark violation of the said provision, the Respondent Police misused their powers and directed freezing of the Petitioner’s bank accounts, evidently for ulterior and extraneous reasons.

III. The Respondent Police ought to have seen that this Hon’ble Court has repeatedly emphasised the mandatory requirement of issuing notice to the bank account holder and of intimating the learned Magistrate forthwith upon freezing of a bank account. The Petitioner has not been served with any notice and, to the Petitioner’s knowledge, the learned Magistrate has also not been informed about the freezing. The directions to freeze the accounts are therefore illegal and in blatant violation of statutory mandates and procedural safeguards, adopted solely to stifle the Petitioner’s legal remedies.

IV. The Respondent Police, if acting bona fide, could have verified the bank statements of the Petitioner and the connected bank accounts before resorting to the extreme measure of freezing the same. Without any such verification, the Respondent Police mechanically directed freezing of the bank accounts, rendering the action wholly illegal, arbitrary and unsustainable in law.

V. Despite the fact that the entire amount allegedly transferred has already been retransferred to the original transferor’s account and the same is borne out by bank records, the continuation of freezing of the Petitioner’s bank accounts is wholly improper, unjustified and amounts to abuse of process of law.

VI. The illegal freezing of the Petitioner’s bank accounts is nothing but a deliberate attempt to cripple and paralyse the functioning of the Petitioner’s office and to obstruct his professional activities, thereby infringing his fundamental right to carry on his lawful profession of video journalism.

VII. Every transaction relating to the above bank accounts is genuine and duly accounted for, as can be clearly ascertained from the respective bank statements, and as such there is no justification whatsoever for the Respondent Police to freeze the said accounts.

VIII. The Petitioner has not received any proceeds of crime so as to warrant the continued freezing of his bank accounts and the Respondent Police can conduct a forensic audit based on the bank statements, if required. while so, the continuation of freezing of the accounts is illegal and unsustainable in law.

13. The Petitioner submits that he has already been put to grave prejudice, irreparable loss and undue hardship on account of the illegal acts and deeds of the Respondent Police. The Petitioner is unable to use the said bank accounts and the funds available therein. The Petitioner could not pay salaries to his employees and does not have money for his livelihood, as all the cash kept in his house was taken away by the Respondent Police.

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to issue suitable DIRECTIONS to the Respondent Police to forthwith defreeze the following Bank Accounts, namely: (i) Savings Bank Account No.
24760100034679 standing in the name of Shankar with Bank of Baroda, T. Nagar Branch; (ii) Savings Bank Account No. 24760100010548 standing in the name of Malathi with Bank of Baroda, Wimco Nagar Branch; (iii) Savings Bank Account No. 208100050600012 standing in the name of Malathi with Tamilnad Mercantile Bank, Maduravoyal Branch; (iv) Current Account No. 208150050801042 standing in the name of Savukku Consultants Private Limited with Tamilnad Mercantile Bank,
Maduravoyal Branch and (v) Fixed Deposit Account No. 208200400103190 standing in the name of Malathi with Tamilnad Mercantile Bank, Maduravoyal Branch and pass such further or other Orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

DATED AT CHENNAI ON THIS THE DAY OF DECEMBER, 2025.

COUNSEL FOR THE PETITIONER