Ashok Kumar B vs Indian Overseas Bank
2022 Latest Caselaw 2327 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
    WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                       WP(C) NO. 18243 OF 2021
PETITIONER:

          ASHOK KUMAR B
          AGED 61 YEARS
          S/O. BALAKRISHNA PANICKER,
          ROHINI BHAVAN, THALAVADY SOUTH,
          THALAVADY VILLAGE,
          EDATHUA, ALAPPUZHA-689 573.
          BY ADVS.
          S.SANAL KUMAR
          BHAVANA VELAYUDHAN
          T.J.SEEMA


RESPONDENTS:

    1     INDIAN OVERSEAS BANK
          EDATHUA BRANCH,
          KUTTANAD TALUK-689 573,
          REPRESENTED BY ITS BRANCH MANAGER.
    2     THE SUB INSPECTOR OF POLICE
          EDATHUA POLICE STATION,
          ALAPPUZHA DISTRICT-689 573.
          BY ADVS.
          SUNIL SHANKER(S-1009)
          GOVERNMENT PLEADER
          Farha Mather

          SR.PP - SRI. HRITHWIK C.S.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.18243 of 2021
                                            2




                                          JUDGMENT

Petitioner is the 2nd accused in Crime No.547, 548 and 549

of 2020 of Edathua police station, which were registered under

Sections 406, 420, 120B, read with 34 of the IPC. During the

course of investigation, the personal account of the petitioner was

frozen by means of intimation given by the respondent. Ext.P2

communication was sent by the Manager of the Indian Overseas

Bank, intimating him that the account stands frozen. Aggrieved by

the same, the petitioner has moved this Court under Article 226 of

the Constitution seeking the following reliefs:

1. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P2.

2. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to permit the petitioner to operate his bank account with the 1st respondent bank freely and without any interruption and to honour the request for withdrawal, transfer or otherwise dealing with the deposits standing to the credit of his account.

2. The SHO, Edathua police station has filed a statement W.P.(C).No.18243 of 2021

also. Later the petitioner produced Annexures P3 and P4

documents showing details of the bank transaction.

3. The specific case of the petitioner is that he is a retired

employee of the Indian Overseas Bank and all the retirement

benefits are deposited in the account maintained by him. It is his

personal account. He happened to be the treasurer of the Veda

Vyasa Vidya Peedam, an unaided school run in the locality. In

order to run the school, the management had formulated and

conducted a chitty. Meanwhile, the Secretary of the School

passed away, so that the functioning of the chitty went in disarray.

Numerous demands were raised by the subscribers of the chitty

for returning the money, but they could not honor such demands

at a stretch and thus 33 complaints were preferred before police,

on the basis of which three crimes, Crime Nos.547, 548 and 549

of 2020 were registered as stated earlier and total amount due to

subscribers of the chitty comes to nearly Rs.29,00,000/-.

Petitioner is arrayed as accused in all the crimes. The account of

the petitioner was frozen during the course of investigation. W.P.(C).No.18243 of 2021

4. I heard the learned counsel for the petitioner and the

learned Senior Public Prosecutor.

5. According to the learned counsel for the petitioner, It is

purely his personal account. Rs.15,00,000/- was obtained towards

gratuity and Rs.8.2 lakhs were received by arrears of salary and

there is nothing to connect the said account with the offences

alleged against the petitioner.

6. It is also pointed out that the management is trying their

level best to repay the amounts by disposing of a landed property

of the school. The learned counsel also placed reliance on the

decision reported in State Of Maharashtra v. Tapas D. Neogy

[1999 (7) SCC 685]. The learned counsel has taken me through

the Ext.P3 details of account maintained by him. From the

statement, it is vividly clear that the amounts credited in the

account are the monthly pensionary benefits accrued to him

besides amounts credited towards gratuity, arrears of salary, P.F

settlement amount etc,. As held by the Hon'ble Supreme Court, in

order to freeze the account of a person, there must be reasonable W.P.(C).No.18243 of 2021

nexus with the alleged commission of the crime and the amount in

credit. Here from the statement produced by the petitioner it is

obvious that the said account is his personal account. It has

nothing to do with the transactions of the school or the chitty

conducted by the management of the school. Therefore, there is

no justification in freezing the account. Ext.P2 order shall stand

quashed and the account of the petitioner shall stand de-frozen.

Writ petition is allowed as above.

Sd/-

K.HARIPAL JUDGE

Jms/02.03

//True Copy// P.A to Judge W.P.(C).No.18243 of 2021

APPENDIX OF WP(C) 18243/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMON ORDER DATED 15.12.2020 IN B.A.NO.4579/2020, 4578/2020 AND 4605/2020 Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 24.2.2021 GIVEN BY THE IST RESPONDENT TO THE PETITIONER INTIMATING ABOUT THE FREEZING OF ACCOUNT.

Exhibit P3 A TRUE COPY OF THE TRANSACTION ENQUIRY OF THE INDIAN OVERSEAS BANK Exhibit P4 A TRUE COPY OF THE TRANSACTION DETAILS ISSUED BY THE INDIAN OVERSEAS BANK, EDATHUA BRANCH DATED 09/02/2022.