Kerala High Court
Saidalavi vs State Of Kerala on 14 August, 2025
2025:KER:61782
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WP(C) NO.43188 OF 2024
PETITIONER:
SAIDALAVI
AGED 68 YEARS
S/O.MOHAMMED, RESIDING AT ULLATTIL HOUSE,
CHENDAPPURAYA, ABDURAHIMAN NAGAR P.O,
MALAPPURAM DISTRICT, PIN - 676305
BY ADVS.
SRI.P.T.SHEEJISH
SRI. HARIKIRAN M.
SRI.P.SREERAM
SRI.A.ABDUL RAHMAN (A-1917)
SMT.PARVATHY S. MANOJ
SMT.AMRITA SAFAL M.
SHRI.YOOSUF SAFWAN T. AJMAL
SMT.PARVATHI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT,
SECRETARIATE THIRUVANANTHAPURAM.,
PIN - 695001
2 DISTRICT POLICE CHIEF
OFFICE OF COMMISSIONER OF POLICE, CRAWFORD MARKET,
LOKMANYA TILAK ROAD, POLICE COLONY, DHOBI TALAO,
CHATRAPATI SHIVAJI TERMINUS AREA, FORT, MUMBAI,
MAHARASHTRA, PIN - 400001
3 THE STATION HOUSE OFFICER
NAVI MUMBAI POLICE STATION, FORT, MUMBAI,
2025:KER:61782
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W.P.(C) No.43188 of 2024
MAHARASHTRA,, PIN - 400001
4 DISTRICT POLICE CHIEF
DPO ROAD, UP HILL, MALAPPURAM,
PIN - 676505
5 DISTRICT POLICE CHIEF
DISTICT POLICE OFFICE,
WAYANAD DISTRICT, PIN - 673122
6 THE FEDERAL BANK
KALPETTA BRANCH, REPRESENTED BY THE MANAGER,
KALPETTA, WAYANAD DISTRICT, PIN - 673122
7 THE SERVICE CO-OPERATIVE BANK LTD,
REPRESENTED BY THE MANAGER, A.R NAGAR,
MALAPPURAM DISTRICT, PIN - 676305
8 UNION OF INDIA
MINISTRY OF HOME AFFAIRS NORTH BLOCK,
NEW DELHI REPRESENTED BY ITS HOME SECRETARY,
PIN - 110001
9 INDIAN CYBERCRIME COORDINATION CENTRE
REPRESENTED BY ITS CEO 5TH FLOOR, NDCC-II
BUILDING, JAI SINGH ROAD, NEW DELHI,
PIN - 110001
10 THE RESERVE BANK OF INDIA
REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI,
BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
BY ADVS.
SRI.P.A.MOHAMMED SHAH
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
GP SRI TONY AUGUSTINE...
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:61782
3
W.P.(C) No.43188 of 2024
JUDGMENT
Petitioner maintains an account with the 7th respondent - Bank. He approached this Court aggrieved by the freezing imposed on the account by the 7th respondent - Bank.
2. Learned Government Pleader appeared for respondents 1, 4 and 5. Learned Standing Counsel appeared for the 5th respondent - Bank. Adv.P.A.Mohammed Shah appeared for the 7th respondent - Bank. Learned Central Government Counsel appeared for respondents 8 and 9. Though notice was issued, there is no appearance for the 10 th respondent.
3. Learned counsel appearing for the 7 th respondent - Bank on instructions submitted that the lien was marked for an amount of Rupees Two lakhs on the basis of the requisition received from the 3rd respondent - police authority.
4. Notice was issued to the respondent police authority by speed post and also by e-mail as provided under Rule 51(3) of the Rules of the High Court of Kerala, granting sufficient time to respond. However, there is no appearance 2025:KER:61782 4 W.P.(C) No.43188 of 2024 for them. Therefore, I proceed to dispose of this writ petition by issuing directions incorporating sufficient conditions to protect the interest of the respondent police authority also to avoid delay in disposal of the writ petition.
5. I hence dispose of the writ petition with the following directions:
(i) The 7th respondent Bank is directed to confine the freezing of the petitioner's bank account only to the extent of the amount mentioned in the order/requisition issued by the Police Authorities. This shall be done forthwith, so as to enable the petitioner to transact through his account beyond the said limit;
(ii) The Police Authorities concerned are hereby directed to inform the Bank as to whether freezing of the petitioner's account will be required to be continued even in the aforesaid manner; and if so, for how long;
(iii) On the Bank receiving the aforesaid information/intimation from the Police Authorities, they shall comply with it and complete necessary action - either continuing the freezing or lien for such 2025:KER:61782 5 W.P.(C) No.43188 of 2024 period as mentioned therein; or withdrawing it, as the case may be;
(iv) The police officers concerned shall inform the Bank whether the seizure of the amount in the bank account has been reported to the jurisdictional Magistrate and if not, the time limit within which the seizure will be reported. If no intimation as to the compliance or the proposal to comply with Section 106 of the BNSS is received by the Bank within two months of receipt of a copy of this judgment, the Bank shall lift the debit freeze or remove the lien, as the case may be, on the petitioner's bank account;
(v) In order to enable the Police to comply with the above direction, the Bank, as well as the petitioner, shall forthwith serve a copy of this judgment to the police officer concerned and retain proof of such service.
6. It is clarified that the police authority concerned shall be at liberty to approach this Court to seek review of this judgment if required.
7. The respondent Bank is not precluded from freezing or imposing lien on the petitioner's account on 2025:KER:61782 6 W.P.(C) No.43188 of 2024 receipt of any subsequent requests/ orders from any law enforcing agencies or courts.
The writ petition is ordered accordingly.
Sd/-
S.MANU JUDGE PV 2025:KER:61782 7 W.P.(C) No.43188 of 2024 APPENDIX OF WP(C) 43188/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER ISSUED BY THE 7TH RESPONDENT BANK DATED 05.09.2024 Exhibit P2 THE COPY OF THE ACCOUNT STATEMENT OF MR. ROUF FROM WHICH THE AFOREMENTIONED TRANSACTIONS WERE MADE TO THE ACCOUNT OF THE PETITIONER Exhibit P3 THE COPY OF BANK ACCOUNT STATEMENT OF THE PETITIONER, ISSUED TO THE PETITIONER BY STATE SERVICE COOPERATIVE BANK LTD OF KERALA BANK IN THE STATE OF KERALA, AT ABDURAHMAN NAGAR BRANCH Exhibit P4 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE STATE POLICE CHIEF, KERALA DATED 02.11.2024 Exhibit P5 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE STATE POLICE CHIEF MAHARASHTRA DATED 02.11.2024 Exhibit P6 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 02.11.2024 Exhibit P7 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 02.11.2024 Exhibit P8 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 7TH RESPONDENT DATED 02.11.2024