Kerala High Court
Mubarak Madari vs State Of Kerala 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. 34422 OF 2023
PETITIONER:
MUBARAK MADARI, AGED 42 YEARS,
MADARI HOUSE, VENGARA, THARAYITTAL,
MALAPPURAM, PIN - 676304.
BY ADVS.O.A.NURIYA
MOHAMED DHANISH K.S.
REVATHY P. MANOHARAN
ANAND B. MENON
NABIL KHADER
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695001.
2 THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR,
HEAD OFFICE, MUMBAI, MAHARASHTRA, PIN - 400029.
3 THE FEDERAL BANK LTD, BR. OORAKAM, MALIYEKKAL BUILDING,
OPP. GVHSS VENGARA. MALAPPURAM, KERALA,
REPRESENTED BY ITS MANAGER, PIN - 676304.
4 STATION HOUSE OFFICER, THULLUR PS, THULLUR,
GUNTUR, ANDHRA PRADESH, PIN - 522001.
5 A. A DESAI, POLICE INSPECTOR, AHMEDABAD,
GUJARAT., PIN - 320008.
6 INVESTIGATION OFFICER, CEN CRIME POLICE STATION,
MANGALORE CITY, MUDA BUILDING, 2ND FLOOR, URWASTOR,
MANGALORE, KARNATAKA, PIN - 575006.
BY ADV.P.PAULOCHAN ANTONY
SUNIL KUMAR KURIAKOSE, GP
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. 34422 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. 34422 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. 34422 OF 2023
Petition are left open and reserved to him, to
impel in future.
After I dictated this part of the judgment,
the learned counsel for the petitioner sought
permission for her client to approach this Court
to seek clarification, since there appears to be
a mismatch between the amounts shown in the
requisitions and those insisted on by the Banks.
She submitted that her client intends to verify
this.
I find force in the afore request and
therefore, leave liberty to the petitioner to
apply for clarification, if it is so necessary
in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 34422 OF 2023
APPENDIX OF WP(C) 34422/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF LETTER DATED 14.09.2023
SENT BY 3RD RESPONDENT TO THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE REPLY LETTER OF THE
PETITIONER TO THE 3RD RESPONDENT DATED
NIL
