Kerala High Court
Geogy Mathew vs State Of Kerala on 7 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.755 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(CRL.) NO. 755 OF 2025
PETITIONER(S):
GEOGY MATHEW
AGED 67 YEARS
S/O MATHEW VARGHESE, THATTACHERRY HOUSE,
MALLIKASSERY P.O, KOTTAYAM DISTRICT,KERALA,
PIN - 686577
BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
SHRI. RALPH RETI JOHN
SHRI.VISHNU CHANDRAN
SHRI.GIRIDHAR KRISHNA KUMAR
SMT.GEETHU T.A.
SMT.MARY GREESHMA
SMT.LIZ JOHNY
SMT.KRISHNAPRIYA SREEKUMAR
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 MANAGER, STATE BANK OF INDIA
P.B.NO.1, KUNNAPPALLIL BUILDING, PAIKA, POOVARANY,
KOTTAYAM DISTRICT, KERALA,
PIN - 686577
3 HARI KISHORE KUSUMKAR
W.P.(Crl.).No.755 of 2025
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ADG AND IGP, CYBER CRIME WING, SMART CONNECT,
ACTION AREA-11, 7TH ROTARY, NEW TOWN, WEST BENGAL,
PIN - 700161
BY ADVS.
P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.755 of 2025
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P.V.KUNHIKRISHNAN, J
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W.P.(Crl.) No.755 of 2025
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Dated this the 07th day of July, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the following reliefs:
"1. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to forthwith de-freeze the petitioner's Savings Bank Account No. 57039724891 maintained with the State Bank of India, Poovarani Branch, except to the extent of ₹1,50,000/- which the petitioner is willing to keep under hold pending the outcome of the investigation;
2. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Investigating Officer, Cyber Cell, South Suburban Division, Kolkata Police, West Bengal, to consider the petitioner's representation dated 26.03.2025 and take appropriate steps, including partial defreezing of the petitioner's SBI Savings Bank Account No. 57039724891, to the extent of the undisputed amount, in accordance with law and within a time frame as may be fixed by this Hon'ble Court;
3. Pass any writ , orders or directions as may W.P.(Crl.).No.755 of 2025 4 2025:KER:49966 be required in the matter."[SIC]
2. When this Writ petition (Crl.) came up for consideration before this Court on 19.06.2025, this Court passed the following order:
"Admit.
The learned Public Prosecutor takes notice for 1st respondent.
Adv.M.Jithesh Menon, Standing Counsel takes notice for 2nd respondent.
Issue urgent notice by Speed post to the 3rd respondent.
Petitioner will also take notice to the 3rd respondent through email in consultation with the Registry.
There will be a direction to defreeze the petitioner's savings account No. 57039724891 maintained with State Bank of India, Poovarani Branch, after keeping lien on an amount of Rs. 1,50,000/- based on the request of the 3rd respondent.
Post immediately after service is complete."
3. Today, when the matter came up for consideration, the Public Prosecutor submitted that, another amount of Rs.10,900/- (Rupees Ten thousand nine hundred W.P.(Crl.).No.755 of 2025 5 2025:KER:49966 only) is also to be retained because another complaint is also pending. After retaining a total amount of Rs.1,60,900/- (Rupees One lakh sixty thousand nine hundred only), the account can be de-freezed. I think the same can be allowed.
4. This Court considered a similar issue in the judgment in W.P.(C) No.28524 of 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 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.
5. The facts involved in W.P.(C) No.28524 of 2024 and this writ petition are similar. In the circumstances, the writ petition is disposed of with the following directions.
(i) The 2nd respondent-Bank is directed to confine the W.P.(Crl.).No.755 of 2025 6 2025:KER:49966 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;
(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. W.P.(Crl.).No.755 of 2025 7
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(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 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 officer and retain proof of such service.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM W.P.(Crl.).No.755 of 2025 8 2025:KER:49966 APPENDIX OF WP(CRL.) 755/2025 PETITIONER EXHIBITS EXHIBIT-A A TRUE COPY OF THE SBI SAVINGS BANK ACCOUNT STATEMENT OF THE PETITIONER REFLECTING THE NEFT TRANSFER BY MR.VINOTHKUMMAR EXHIBIT-B A TRUE COPY OF THE EMAIL RECEIVED FROM SBI DATED 23.09.2024 EXHIBIT-C A TRUE COPY OF THE EMAIL DATED 25.03.2025 SENT TO ADG AND IGP OF CYBER CRIME WING, WEST BENGAL EXHIBIT-D A TRUE COPY OF THE POSTAL RECEIPT BEARING RECEIPT NUMBER RL018308928IN FROM INDIA POST AND THE ACKNOWLEDGMENT SLIP EXHIBIT-E A TRUE COPY OF THE POSTAL RECEIPT BEARING RECEIPT NUMBER RL018308914IN AND THE ACKNOWLEDGMENT SLIP EXHIBIT-F A TRUE COPY OF THE POSTAL RECEIPT BEARING RECEIPT NUMBER RL018308931IN EXHIBIT-G A TRUE COPY OF THE POSTAL RECEIPT BEARING RECEIPT NUMBER RL018308945IN EXHIBIT-H A TRUE COPY OF THE EMAIL DATED 07.04.2025, SENT BY THE SUPERINTENDENT OF POLICE,CYBER CELL WING, WEST BENGAL