Shaheera K.K vs The Bank Manager, State Bank Of India

Kerala High Court

Shaheera K.K vs The Bank Manager, State Bank Of India on 23 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
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                          WP(C) NO. 14802 OF 2024
PETITIONER:

            SHAHEERA K.K
            AGED 38 YEARS
            WIFE OF. BASHEER K.K KARAKKUNNUMMAL HOUSE, KIZHAKKOTH
            P.O, KOZHIKODE(DIST.), REPRESENTED BY POWER OF
            ATTORNEY- ARIF KAMAL THAILACHERY, AGED- 36 SON OF.
            ASSAIN, THAILACHERY HOUSE, MADAVOOR, KOZHIKODE,
            (DIST.),, PIN - 673 572

            BY ADVS.
            V.S.MANSOOR
            AKHIL BINOY
RESPONDENTS:

    1       THE BANK MANAGER, STATE BANK OF INDIA
            KODUVALLY BRANCH, 3/274,CALICUT WAYNAD ROAD ,
            KOZHIKODE, PIN - 673 578

    2       INSPECTOR OF POLICE, CYBER CRIME POLICE STATION
            KANCHIPURAM
            THIRUPARUTHIKUNDRAM RD, THAIYAR KULLAM, KANCHIPURAM,
            TAMIL NADU
            [ EMAIL:- [email protected]), PIN - 631 501


            SRI. P. NARAYANAN. SPL. GP.
            SRI.JITHESH MENON, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14802 OF 2024
                                           2

                               T.R.RAVI.J
            -------------------------------------------------------
                       WP(C) No.14802 of 2024
          --------------------------------------------------------
               Dated this the 23rd day of May, 2024

                                   JUDGMENT

The petitioner is 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 other valid transactions, unaware of it being proceeds of WP(C) NO. 14802 OF 2024 3 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 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 sn WP(C) NO. 14802 OF 2024 4 APPENDIX OF WP(C) 14802/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE 1ST PAGE OF THE PASSBOOK OF ACCOUNT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT IN RESPECT OF ACCOUNT NO: 33114738092 Exhibit P2 A TRUE PHOTO COPY OF COMPLAINT DTD:08/03/2024 SENT BY THE 2ND RESPONDENT