C.K.Vijayan vs Commissioner Of Police
2022 Latest Caselaw 6815 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

         TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944

                          WP(C) NO. 25317 OF 2020

PETITIONER/S:

     1       C.K.VIJAYAN
             AGED 58 YEARS
             S/O.KRISHNAN KUTTY, FLAT-6A, VIJAYA GLIMPSES, JAWAHAR
             NAGAR, KADAVANTHARA, ELAMKULAM VILLAGE-682020.

     2       SALINI VIJAYAN,
             AGED 48 YEARS
             W/O.C.K.VIJAYAN, FLAT-6A, VIJAYA GLIMPSES, JAWAHAR NAGAR,
             KADAVANTHARA, ELAMKULAM VILLAGE-682020.

     3       SAIRA THAMPI KRISHNA,
             AGED 32 YEARS
             FLAT-6A, VIJAYA GLIMPSES, JAWAHAR NAGAR, KADAVANTHARA,
             ELAMKULAM VILLAGE-682020.

     4       LOKANTA HOTELS AND RESORTS PRIVATE LIMITED,
             2/318 E, KANNADIKADU, MARADU P.O., ERNAKULAM-682304, REP.
             BY ITS DIRECTOR, SALINI VIJAYAN.

             BY ADV L.RAJESH NARAYAN



RESPONDENT/S:

     1       COMMISSIONER OF POLICE
             KOCHI CITY, O/O THE COMMISSIONER OF POLICE, REVENUE
             TOWER, OPP.CHILDRENS PARK, KOCHI-682011.

     2       DEPUTY COMMISSIONER OF POLICE,
             KOCHI CITY, O/O.THE COMMISSIONER OF POLICE, REVENUE
             TOWER, OPP.CHILDRENS PARK, KOCHI-682011.

     3       STATION HOUSE OFFICER,
                                    2

WPC No.25317 of 2020

             MARADU POLICE STATION, P.A.ULLAHAN RD, NEAR
             GOVT.VHSS, MARADU-682304.

     4       BRANCH MANAGER,
             ICICI BANK LIMITED, DAFFODILS, OPP.SILVERLINE
             HOSPITAL, K.P.VALLON ROAD, KADAVANTHARA-682020.

     5       PREETHA RADHAKRISHNAN,
             W/O.RADHAKRISHNAN, KALHARAM KANDOTH, PATTUPURACKAL
             ROAD, THEKKUMBHAGOM, TRIPUNITHUR-682301.

             BY ADV GOVERNMENT PLEADER



      THIS    WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   14.06.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                      3

WPC No.25317 of 2020

                            JUDGMENT

The petitioners have approached this Court by filling this writ

petition being aggrieved by the order of freezing the bank

accounts of the petitioners as per Ext.P13 to Ext.P16

communications issued by the 3rd respondent. It is discernible that

the account of the petitioners were frozen as part of the

investigation of Crime No.606/2020 of Maradu Police Station.

2. When the matter came up for consideration today, the

learned Government Pleader points out that, the investigation

pursuant to Ext.P1 is already completed and a final report is

submitted. The aforesaid case is now pending as C.C No. 95/2022

before the Judicial First Class Magistrate Court-VIII, Ernakulam.

3. Considering the fact that the final report has been filed

and the prayer sought in the writ petition is mainly for de freezing

the accounts of the petitioners which have been frozen as per

Ext.P13 to P16, I am of the view that, this is a prayer which can be

raised by the petitioners by filing appropriate applications before

the learned Magistrate.

WPC No.25317 of 2020

In such circumstances, this writ petition is disposed of

relegating the petitioners to approach the Judicial First Class

Magistrate-VIII, Eranakulam by filing appropriate applications. If

any such applications are filed the same shall be taken up and

considered by the learned Magistrate as expeditiously as possible

after hearing the affected parties

Sd/-

ZIYAD RAHMAN A.A JUDGE

rpk

WPC No.25317 of 2020

APPENDIX OF WP(C) 25317/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIR NO.606/2020 DATED 03.10.2020 OF THE MARADU POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 02.11.2020 IN B.A.NO.6695/2020 OF THE HON'BLE hIGH COURT OF KERALA

EXHIBIT P3 TRUE COPY OF THE COMPANY PETITION NO.40/KOB/2020 DATED 01.10.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 06.11.2020 OF THE HON'BLE NCLT.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 06.11.2020 TO THE COMMISIONN OF THE POLICE KOCHI CITY WITH AKNOWLEDGEMENT

EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 09.11.2020 TO THE CITY POLICE COMMISSIONER KOCHI CITY

EXHIBIT P7 TRUE COPY OF THE STATEMENT OF 2ND PETITIONERS ACCOUNTS.

EXHIBIT P8 TRUE COPY OF THE STATEMENT OF 3RD PETITIONERS ACCOUNTS.

EXHIBIT P9 TRUE COPY OF THE REQUEST DATED 11.11.2020 OF THE 1ST PETITIONER TO THE 4TH RESPONDENT

EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 11.11.2020 OF THE 2ND PETITIONER TO THE 4TH RESPONDENT

WPC No.25317 of 2020

EXHIBIT P11 TRUE COPY OF THE REQUEST DATED 11.11.2020 OF THE 3RD PETITIONER TO THE 4TH RESPONDENT

EXHIBIT P12 TRUE COPY OF THE REQUEST DATED 11.11.2020

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 11.11.2020 AS REGARDS THE 1ST PETITIONER FROM THE 4TH RESPONDENT .

EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 11.11.2020 AS REGARDS THE 2ND PETITIONER FROM THE 4TH RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED 11.11.2020 AS REGARDS THE 3RD PETITIONER FROM THE 4TH RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 11.11.2020 AS REGARDS THE 4TH PETITIONER FROM THE 4TH RESPONDENT .

EXHIBIT P17 TRUE COPY OF THE COMPLAINT DATED 12.11.2020 BEFORE THE RESPONDENTS 1 AND