Kerala High Court
Muhammed Iyas K vs The Hdfc Bank on 4 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:48930
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(C) NO. 23638 OF 2025
PETITIONER:
MUHAMMED IYAS K.
AGED 36 YEARS, S/O. HASSAN K.,
RESIDING AT KUNNATH HOUSE, PULLUR,
THALAKKAD, THEKKANKUTTUR, MALAPPURAM,
KERALA, PIN - 676551.
BY ADVS.
SHRI.SYED NIHAL P.M.
SHRI.ABDULLA FUHAD K.
SHRI.MUHAMMED SHIBIL VADAKKENGARA
RESPONDENTS:
1 THE HDFC BANK
TIRUR BRANCH, CENTRAL MALL,
THAZHEPALAM, TIRUR, KERALA,
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 676101.
2 UNION OF INDIA
MINISTRY OF HOME AFFAIRS NORTH BLOCK,
NEW DELHI, REPRESENTED BY ITS HOME SECRETARY,
PIN - 110001.
W.P.(C)No.23638 of 2025
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3 INDIAN CYBER CRIME CO-ORDINATION CENTRE (I 4C)
MINISTRY OF HOME AFFAIRS, 1ST FLOOR, MAJOR DHYAN
CHAND NATIONAL STATION, INDIA GATE CIRCLE,
NEW DELHI, REPRESENTED BY ITS NODAL OFFICER,
PIN - 110002.
4 THADIYITTAPARAMBU POLICE STATION
ALUVA - MUNNAR ROAD, VAZHAKULAM, ERNAKULAM
RURAL, ERNAKULAM KERALA, REPRESENTED BY ITS
STATION HOUSE OFFICER, PIN - 683105.
BY ADVS.
SMT. O.M SHALINA, DSGI
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 4th day of July, 2025 The writ petition has been filed seeking to direct the respondents to forthwith defreeze the Bank Account No.99909633893909 of the petitioner.
2. The petitioner is the holder of the said Bank Account with the 1st respondent-Bank. The petitioner states that the 1st respondent has frozen the petitioner's Bank Account pursuant to the requisition received from the 4 th respondent. The action of the respondents is illegal and arbitrary, contends the petitioner.
3. The pleadings in the writ petition and arguments advanced by the counsel on either side would divulge that action to defreeze the account was taken due to doubtful transactions, perhaps involving cyber crime. The W.P.(C)No.23638 of 2025 :4: 2025:KER:48930 counsel for the petitioner would urge that the action of the respondents has abrogated the right of the petitioner protected under Articles 14, 21 and 300A of the Constitution of India.
4. I have heard the learned Counsel for the petitioner, the learned Standing Counsel for the 1 st respondent and the learned Deputy Solicitor General of India representing respondents 2 and 3.
5. Government Pleader submitted that according to the information received, certain amounts are credited to the account of the petitioner from the cyber fraud accused / benami.
6. This Court considered a similar issue in the judgment in W.P.(C) No.28524/2024. Noting the judgments in Dr. Sajeer v. Reserve Bank of India [2024 (1) KLT 826], Nazeer K.T. v. Manager, Federal Bank Limited [2024 KHC OnLine 768], State of Maharashtra v. Tapas D Neogy [(1999) 7 SCC 685], Teesta Atul Setalvad v. State of W.P.(C)No.23638 of 2025 :5: 2025:KER:48930 Gujarat [(2018) 2 SCC 372] and Shento Varghese v. Julfikar Husen and others [2024 SCC OnLine SC 895], this Court concurred with the views in Dr. Sajeer (supra) and Nazeer K.T. (supra) and disposed of the writ petition with directions.
7. The facts involved in W.P.(C) No.28524/2024 and this writ petition are similar. In the circumstances, the writ petition is disposed of with the following directions.
(i) The 1st respondent-Bank is directed to confine the freezing order of the Bank Account only to the extent of the amount mentioned in the order / requisition issued by the police authorities. The above exercise shall be done forthwith so as to enable the petitioner to transact through his Account beyond the said limit.
(ii) The police authorities are directed to inform the Bank as to whether freezing of the petitioner's Account will be required to be continued even in the afore manner, and if so, for what further time.W.P.(C)No.23638 of 2025 :6:
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(iii) On the Bank receiving the afore information/intimation from the police authorities, the Bank 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.
(iv) If, however, no information or intimation is received by the Bank in terms of direction (ii) above, the petitioner will be at full liberty to approach this Court again, for which purpose all their contentions in the writ petition are left open and reserved to them, to impel in future.
(v) The jurisdictional police officer shall inform the Bank whether the seizure of 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 102 Cr.P.C. is received by the Bank within two months of receipt of a copy of this judgment, the Bank W.P.(C)No.23638 of 2025 :7: 2025:KER:48930 shall lift the debit freeze or remove the lien, as the case may be, on the petitioner's Bank Account.
(vi) 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 jurisdictional police officer and retain proof of such service.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.23638 of 2025 :8: 2025:KER:48930 APPENDIX OF WP(C) 23638/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BANK PASSBOOK OF THE PETITIONER'S SAVINGS ACCOUNT, HAVING ACCOUNT NO. 99909633893909 MAINTAINED IN THE HDFC BANK TIRUR BRANCH. ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE COMMUNICATION GIVEN BY THE 1ST RESPONDENT TO THE PETITIONER DATED 13.06.2025