Kerala High Court
Ramees Enterprises Wandoor vs Icici 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. 40092 OF 2023
PETITIONER:
RAMEES ENTERPRISES WANDOOR,
REPRESENTED BY PROPRIETOR RAMEES MON K,
AGED 33 YEARS, S/O 'MOIDHEENKUTTY,
KADAVATH HOUSE, COLLEGE ROAD, MAMPAD POST,
MALAPPURAM DISTRICT., PIN - 676542.
BY ADVS.K.MOHAMMED RAFEEQ
BIBIN MATHEW
P.M.MATHEW
AMARNATH R LAL
SANALDEV E.P.
VISHNUMAYA ANANDAN
SONYMON ANTONY
RESPONDENTS:
1 ICICI BANK, MANJERI BRANCH, MALAPPURAM DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 676121.
2 BRANCH MANAGER, ICICI BANK, MANJERI BRANCH,
MALAPPURAM DISTRICT., PIN - 676121.
3 NODAL OFFICER, NATIONAL CYBER CRIME REPORTING PORTAL,
MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA, NEW DELHI., PIN - 110037.
4 ADDITIONAL DIRECTOR GENERAL,
MAHELAV POLICE STATION, ANAND DISTRICT,
GUJARAT, PIN - 388440.
5 STATION HOUSE OFFICER, MAHELAV POLICE STATION,
ANAND DISTRICT, GUJARAT-., PIN - 387710.
BY ADV PRADEESH CHACKO
SRI.S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40092 OF 2023
-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 their
account, and transact therein, beyond that
limit.
WP(C) NO. 40092 OF 2023
(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 their contentions in this
WP(C) NO. 40092 OF 2023
Writ Petition are left open and reserved to
them, to impel in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 40092 OF 2023
APPENDIX OF WP(C) 40092/2023
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE EXTRACTION OF THE
COMPLAINT DETAILS FILED BEFORE THE
MAHELAV POLICE STATION, ANAND
DISTRICT, GUJARAT ALLEGING ONLINE
FINANCIAL FRAUD INVOLVING THE
PETITIONER'S BANK ACCOUNT.
EXHIBIT-P2 TRUE COPY OF THE REPRESENTATION DATED
28.11.2023 SUBMITTED BY THE
PETITIONER HEREIN BEFORE THE FIRST
RESPONDENT.
EXHIBIT-P3 TRUE COPY OF THE POSTAL RECEIPT DATED
28.11.2023.
