Kerala High Court
Tennyson.C.J vs The Station House Officer on 6 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 36688 OF 2023
PETITIONER:
TENNYSON.C.J., AGED 57 YEARS, S/O JOSEPH,
RESIDING AT CHATHANKANDATHIL HOUSE,
KODANCHERY.P.O, KOZHIKKODE DISTRICT- MANAGING
DIRECTOR, CHATHANKANDATHIL FOREX SERVICE PRIVATE
LIMITED, ROOM NO.926, OLD NO.944, INWARD NO.29,
KARTHIYANI SQUARE, KOTTOOLI ,KUTHIRAVATTOM,
KOZHIKKODE-673016, PIN - 673580
BY ADVS.
SUNNY MATHEW
ANOOJ.J
RESPONDENTS:
1 THE STATION HOUSE OFFICER, CYBER CRIME BUREAU,
TAMBARAM CITY-CCB, TAMILNADU, PIN - 600045
2 THE MANAGER, IDBI BANK LTD ORIENTAL BUILDING
KOOTTOLI MAVOOR ROAD, KOZHIKKODE-, PIN - 673016
3 THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -, PIN - 682031
BY ADVS
SMT.REMA R
SRI. SUNIL K.KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 36688/23
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.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 36688/2023
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE CUSTOMER ACCOUNT LEDGER
PRINT OF THE COMPANY FOR THE PERIOD
01.08.2023 TO 31.08.2023 OF THE 'COMPANY'
Exhibit -P2 TRUE COPY OF DEPOSIT LEDGER REPORT FOR THE
PERIOD 01.08.2023 TO 31.08.2023 MAINTAINED
BY THE COMPANY PERTAINING TO ACCOUNT NO.
104110020000010
Exhibit -P3 TRUE COPY OF THE COMMUNICATION DATED
11.10.2023 ISSUED BY THE 2ND RESPONDENT TO
THE MANAGER OF THE 'COMPANY'
Exhibit-P 4 TRUE COPY OF THE COMPLAINT DETAILS DATED
09.01.2023, WHICH LED TO THE ABOVE MARKING
OF LIEN
Exhibit -P5 TRUE COPY OF THE REPRESENTATION DATED
29.09.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
