Sibina vs 1. Indian Bank, Chengamanad ...

Kerala High Court

Sibina vs 1. Indian Bank, Chengamanad ... 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. 12389 OF 2024
PETITIONER:

            SIBINA
            AGED 38 YEARS
            KALAMITTAM, SOUTH ADUVASSERY P.O., KUNNUKARA,
            ERNAKULAM, PIN - 683578

            BY ADVS.
            IPSITA OJAL
            MANAS P HAMEED
            MARIYAMMA A.K.
            AISHWARYA SHIVAKUMAR



RESPONDENTS:

    1       INDIAN BANK, CHENGAMANAD (REPRESENTED THROUGH BRANCH
            MANAGER)
            MAIN ROAD ALUVA CHENGAMANAD ERNAKULAM, PIN - 683578

    2       STATION HOUSE OFFICER NALASOPARA POLICE STATION
            OPT.SAINAGAR, VASAI LINK RD, SHURPARAK NAGAR,
            LAKSHMIBEN CHEDDA NAGAR, NALA SOPARA, MAHARASHTRA, PIN
            - 401203

    3       OFFICER IN CHARGE CYBER POLICE STATION, CYBER CRIME
            MUMBAI
            FIRST FLOOR, BANDRA KURLA COMPLEX RD, OPPOSITE ICICI
            BANK, G BLOCK BKC, BANDRA KURLA COMPLEX, BANDRA EAST,
            MUMBAI, MAHARASHTRA, PIN - 400051

            BY ADVS.
            BINOY VASUDEVAN FOR R1
            K.V.RAJESWARI FOR R1


     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. 12389 OF 2024              2


                            T.R. RAVI, J.
            --------------------------------------------
                   W.P(C).No.12389 of 2024
                --------------------------------------------
            Dated this the 21st day of May, 2024

                           JUDGMENT

The petitioner is a holder of an account with the 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 accounts to the amount which had been subject matter of the dispute, as per the intimation received from the Police authorities. The Bank has also taken action to that extent pursuant to the directions issued by this Court. In similar cases, this Court had after issuance of such interlocutory orders, closed the writ petitions with certain directions. Paragraph No.12 of the directions issued in Dr.Sajeer v. Reserve Bank of India [ 2023 KHC OnLine 661] is extracted hereunder;

"12. In fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recovered from the petitioners, if they have received it as part of bonafide or WP(C) NO. 12389 OF 2024 3 other valid transactions, unaware of it being proceeds of crime.

In the conspectus of the above, I order these Writ Petitions with the following directions:

a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit.

                 b.   The    respondent    -   Police
           Authorities    concerned    are    hereby

directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment.

c. On the Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action - either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be.

d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court WP(C) NO. 12389 OF 2024 4 again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future."

This writ petition is disposed of with the above said directions.

Sd/-

T.R.RAVI JUDGE LEK WP(C) NO. 12389 OF 2024 5 APPENDIX OF WP(C) 12389/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BANK PASSBOOK OF THE PETITIONER IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1.

Exhibit P2 THE TRUE COPY OF THE COMMUNICATION MARKING LIEN AMOUNTS ISSUED BY NALASOPARA POLICE STATION IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.