Dipeesh V vs The Manager
2023 Latest Caselaw 12447 Ker

Kerala High Court

Dipeesh V vs The Manager on 22 November, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                       WP(C) NO. 38329 OF 2023
PETITIONER:

          DIPEESH V, AGED 38 YEARS,
          S/O. ARUMUGHAN, VELLATHODATH HOUSE,
          IRINJAVOOR P.O., TIRUR, MALAPPURAM,
          PIN - 676103.

          BY ADVS.
          SHABU SREEDHARAN
          HARITHA SIVADAS
          LAKSHMI CHANDRAN L.
          RATHEESH.V.R.
          E.J. VARGHESE


RESPONDENTS:

    1     THE MANAGER, HDFC BANK,
          ROUND NORTH BRANCH, THRISSUR, PIN - 680020.

    2     THE STATION HOUSE OFFICER,
          CYBER CRIME POLICE STATION,
          CYBERABAD COMMISSIONERATE,
          GACHIBOWLI, HYDERABAD, PIN - 500032.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38329 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 his

account, and transact therein, beyond that

limit.

WP(C) NO. 38329 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 his contentions in this Writ Petition are WP(C) NO. 38329 OF 2023

left open and reserved to him, to impel in

future.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 38329 OF 2023

APPENDIX OF WP(C) 38329/2023

PETITIONER EXHIBITS

EXHIBIT-P1 THE TRUE COPY OF THE DEED OF PARTNERSHIP DATED 25.10.2021

EXHIBIT-P2 THE TRUE COPY OF THE E-MAIL SENT BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT-P3 THE TRUE COPY OF THE JUDGMENT WP(C) NO. 32041/2023 DATED 20.10.2023