Kerala High Court
Abdul Azeez C.K vs South Indian Bank on 15 December, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 36024 OF 2023
PETITIONER:
ABDUL AZEEZ C.K., AGED 43 YEARS
CHEVIDIKKUNNAM HOUSE, VALARAD,
PANDIKKAD POST, MALAPPURAM DISTRICT,
PIN - 676521
BY ADVS.
K.MOHAMMED RAFEEQ
BIBIN MATHEW
P.M.MATHEW
AMARNATH R LAL
SANALDEV E.P.
VISHNUMAYA ANANDAN
SONYMON ANTONY
RESPONDENTS:
1 SOUTH INDIAN BANK, PANDIKKAD BRANCH, MALAPPURAM
DISTRICT- 676521, REPRESENTED BY BRANCH MANAGER,
SOUTH INDIAN BANK, PANDIKKAD BRANCH., PIN - 676521
2 BRANCH MANAGER, SOUTH INDIAN BANK, PANDIKKAD BRANCH,
MALAPPURAM DISTRICT, PIN - 676521
3 THE NODAL OFFICER OF KERALA STATE, NATIONAL CYBER
CRIME REPORTING PORTAL, MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA, NEW DELHI, PIN - 110037
4 THE STATION HOUSE OFFICER, DISHA UPS VISHAKHAPATNAM
POLICE STATION, VISHAKHAPATNAM DISTRICT, ANDHRA
PRADESH, PIN - 530013
5 THE STATION HOUSE OFFICER, KRISHNANAGAR POLICE
STATION, AHMEDABAD CITY DISTRICT, GUJARAT - 382345
BY ADVS.
SUNIL SHANKAR A
SUNIL.J
VIDYA GANGADHARAN(K/000424/2020)
JERIN GEORGE(K/863/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 36024/23
2
JUDGMENT
The facts involved in this case are covered by the judgment of
this Court in W.P.(C)No.12960/2023 and connected matters. Since the
learned counsel for the parties are ad idem on this, I allow this writ
petition in terms of the said judgment.
Consequently, I order this Writ Petition with the following
directions:
(a) The respondent Bank arrayed in this case, is directed to
confine the order of freeze against the accounts of the petitioner,
only to the extent of the amounts mentioned in the order/requisition
issued to them by the Police Authorities. This shall be done
forthwith, so as to enable the petitioner to deal with his account,
and transact therein, beyond that limit.
(b) The respondent - Police Authorities concerned are hereby
directed to inform the Bank as to whether freezing of accounts of
the petitioner in this Writ Petition will require to be continued even
in the afore manner; and if so, for what further time, within a
period of eight months from the date of receipt of a copy of this
judgment.
(c) On the Bank receiving the afore information/intimation from
the Police Authorities, they will adhere to the same and complete
necessary action - either continuing the freeze for such period as
mentioned therein; or withdrawing it, as the case may be.
(d) If, however, no information or intimation is received by the
Bank in terms of directions (b) above, the petitioner will be at full
liberty to approach this Court again; for which purpose, all his
contentions in this Writ Petition are left open and reserved to him,
to impel in future.
After I dictated this part of the judgment, learned Standing
Counsel for the Bank submitted that, apart from Exts.P1 and P2,
there are requisitions received from some other Police Stations also.
If this be so, the Bank will certainly be at liberty to act as per
the same also; however, with liberty being reserved to the petitioner
to challenge the same, in terms of law.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 36024/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE EXTRACTION OF THE
COMPLAINT DETAILS FILED BEFORE THE DISHA
UPS VISHAKHAPATNAM POLICE STATION IN
ANDHRA PRADESH ALLEGING ONLINE FINANCIAL
FRAUD INVOLVING THE PETITIONER'S BANK
ACCOUNT
Exhibit-P2 TRUE COPY OF THE EXTRACTION OF THE
COMPLAINT DETAILS FILED BEFORE THE
KRISHNANAGAR POLICE STATION IN GUJARAT
ALLEGING ONLINE FINANCIAL FRAUD INVOLVING
THE PETITIONER'S BANK ACCOUNT
Exhibit-P3 TRUE COPY OF THE REPRESENTATION DATED
19.09.2023 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT
Exhibit-P4 TRUE COPY OF THE POSTAL RECEIPT DATED
19.09.2023
