Muhammed Rabeeh P vs Union Of India

Kerala High Court

Muhammed Rabeeh P vs Union Of India on 21 May, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 12006 OF 2024
PETITIONER:

            MUHAMMED RABEEH P.
            AGED 26 YEARS, S/O ABDUL RAZAK P.,
            PANOLAN HOUSE, PUTHANANGADI P. O., ANGADIPPURAM,
            MALAPPURAM DISTRICT, KERALA, PIN - 679321

            BY ADVS.
            HAMZATH ALI V.K.
            AYISHA AFRIN A.V.K.


RESPONDENTS:

    1       UNION OF INDIA
            MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI,
            REPRESENTED BY ITS HOME SECRETARY, PIN - 110001

    2       THE CANARA BANK
            ANGADIPPURAM BRANCH, 12/670 GROUND FLOOR & I FLOOR,
            KOZHIKKODE - PALAKKAD BYPASS RD,
            ANGAIPURAM, MALAPPURAM, KERALA-,
            REPRESENTED BY ITS BRANCH MANAGER,
            PIN - 676552

    3       THE POLICE INSPECTOR
            CYBER CENTRAL CRIME BRANCH,
            ASHOK NAGAR, JAIPUR, RAJASTHAN
            E-MAIL: [email protected],
            PIN - 302001

            BY ADVS.
            GOPIKRISHNAN NAMBIAR M
            K.JOHN MATHAI(K/413/1984)
            JOSON MANAVALAN(J-526)
            KURYAN THOMAS(K/131/2003)
            PAULOSE C. ABRAHAM(MAH/58/2006)
            RAJA KANNAN(K/356/2008)
            V.GIREESH KUMAR, CGC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12006 OF 2024
                                        2



                                T.R. RAVI, J.
                 --------------------------------------------
                         W.P.(C). No.12006 of 2024
                  --------------------------------------------
                    Dated this the 21st day of May, 2024

                                  JUDGMENT

The petitioner is the holder of accounts with the 2 nd respondent Bank and his account has been frozen on intimation by Police Authorities. The Court had at the time of admission, issued interim directions to restrict the freezing of the account to the amount which had been subject matter of the dispute as per the intimation received from the Police authorities. However, it is seen that the notice to the Bank does not mention the disputed amount, and seeks a complete debit freeze of all the amounts in credit. In such circumstances, following the decision in Dr.Sajeer v. Reserve Bank of India [ 2023 KHC OnLine 661], this writ petition is disposed of with the following directions;

(a) The respondent Bank is directed to immediately issue a request to the Investigation Authority/Police Authority and seek the amount which is required to be kept in freeze or held in lien in the account of the petitioner. This shall be done by the Bank within a period of one month from the date of receipt of a copy of this judgment.

WP(C) NO. 12006 OF 2024 3

(b) In the event that the Investigating Officer/Police Authority responds to the afore requisition and mentions a particular amount, as being the sum that is required to be kept frozen or held in lien, then the respondent Bank will confine the freeze/lien to such an extent and allow the petitioner/account holder to deal with his account and transact therein beyond that limit.

(c) On the contrary, if no information is received from the Police Authority/Investigating officer within a period of two months from the date on which the afore requisition was made by the respondent Bank, then they will allow the petitioner/account holder to transact fully in his account, notwithstanding the debit freeze requisition, subject to any further information to be received from the Police Authority/Investigating Officer in future.

(d) As an alternative, if the response from the Police Authority/Investigating Officer is that the entire account be frozen for any reason that is mentioned therein, then the Bank will inform the petitioner/account holder accordingly and continue the freeze in such a manner for a further period of eight months thereafter.

(e) If, after a period of eight months, the WP(C) NO. 12006 OF 2024 4 requisition made by the Police Authorities - either to a particular sum or the full amount in the account of the account holder - is not withdrawn, then the petitioner/account holder will be at full liberty to approach this Court again; which purpose, all contentions in this writ petition are reserved to him to be impelled in future.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 12006 OF 2024 5 APPENDIX OF WP(C) 12006/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIRST PAGE OF THE BANK ACCOUNT STATEMENT OF THE PETITIONER'S SAVINGS ACCOUNT, HAVING ACCOUNT NO. 110154170380, MAINTAINED IN THE CANARA BANK

- ANGADIPPURAM BRANCH, ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE E-MAIL COMMUNICATION FORWARDED BY THE 2ND RESPONDENT TO THE PETITIONER