Babu Joseph vs The Additional Director General Of ...
2023 Latest Caselaw 12456 Ker

Kerala High Court

Babu Joseph vs The Additional Director General Of ... 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. 35268 OF 2023
PETITIONER:

          BABU JOSEPH, AGED 60 YEARS,
          S/O. JOSEPH, KOCHANTHONY PURAYIDOM,
          ANJALI NAGAR-22, PALLITHOTTAM P.O.,
          KOLLAM DISTRICT, PIN - 691006.

          BY ADVS.
          AMRIN FATHIMA
          MICKY ANTONY ROHAN


RESPONDENTS:

    1     THE ADDITIONAL DIRECTOR GENERAL OF POLICE,
          CYBER CRIME WING, CRIME INVESTIGATION DEPARTMENT,
          FIRST FLOOR, MANGALAGIRI, GUNTUR URBAN DISTRICT,
          ANDHRA PRADESH, PIN - 522503.

    2     THE MANAGER, THE HDFC BANK LTD,
          WILLINGTON ISLAND BRANCH, KOCHI,
          ERNAKULAM, PIN - 682003

          BY ADV.SRI.PRADEESH CHACKO


     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. 35268 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. 35268 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 WP(C) NO. 35268 OF 2023

Petition are left open and reserved to him, to

impel in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv