Kerala High Court
Muhammed Hisham T.T vs Union Of India on 15 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 27777 OF 2023
PETITIONER:
1 MUHAMMED HISHAM T.T., AGED 20 YEARS,
S/O HASSANUSSAMAN THATTARUTHODI, THATTARUTHODI HOUSE,
YSC ROAD, EDARIKODE, THENNALA, PIN - 676501
2 ADIL K, AGED 21 YEARS, S/O MOHAMED ALI. K KORATTIL,
PUTHUPARAMBA, EDARIKODE, THENNALA, MALAPPURAM,
PIN - 676501
3 MUHAMMAD ANAS PARAMMAL, AGED 27 YEARS, S/O UMMER KOYA
P, CHETTIPPURAMMADU, VTC VENGARA, VALIYORA TIRURANGADI,
MALAPPURAM, PIN - 676304
4 MUHAMMED SUHAIL T.P, AGED 28 YEARS, S/O HUSSAIN,
THARAMMAPARAMBIL HOUSE, PAKARA, TANALUR TIRUR,
PIN - 676307
5 NOUFAL H, AGED 33 YEARS, S/O MARAKKAR, MANGADAN HOUSE
EDARIKODE PO, THENNALA, MALAPPURAM, PIN - 676501
BY ADVS.
T.S.SARATH
M.KIRANLAL
MANU RAMACHANDRAN
SAMEER M NAIR
R.RAJESH (VARKALA)
SAILAKSHMI MENON
ABHISHEK JOHNSON
RESPONDENTS:
1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
NEW DELHI REPRESENTED BY ITS HOME SECRETARY,
PIN - 110001
2 NATIONAL CYBER CRIME REPORTING PORTAL, REPRESENTED BY
ITS NODAL CYBER CELL OFFICER, UTTAR PRADESH NATIONAL
HIGHWAY - 8, MAHIPALPUR, NEW DELHI, PIN - 110037
3 INDIAN CYBERCRIME COORDINATION CENTRE, REPRESENTED BY
ITS CEO, 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD,
WPC 27777/23
2
NEW DELHI, PIN - 110001
4 STATE OF UTTAR PRADESH, REPRESENTED BY THE CHIEF
SECRETARY, 101, 'B' BLOCK, LOK BHAWAN, U.P.
SECRETARIAT, LUCKNOW, PIN - 226001
5 STATE POLICE CHIEF, UTTAR PARADESH, C-226, J RD,
VIGYANPURI, SHADAB COLONY, MAHANAGAR, LUCKNOW,
UTTAR PRADESH, PIN - 226006
6 CYBER CRIME CELL, UTTAR PRADESH POLICE, OFFICE OF
THE DEPUTY COMMISSIONR OF POLICE SEC-06 NOIDA,
COMMISSIONERATE DIST. GAUTAM BUDDHA NAGAR UTTAR
PRADESH, PIN - 201301
7 THE RESERVE BANK OF INDIA, REPRESENTED BY THE
DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION,
NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM,
KERALA, PIN - 695033
8 THE MANAGER, IDBI BANK, KOTTAKAL BRANCH , GHIYATHI
TOWER,CHANGUVETTY, KOTTAKKAL, MALAPPURAM REP BY
ITS BRANCH MANAGER, PIN - 676501
9 FEDERAL BANK, VENGARA BRANCH, MALIYEKKAL BUILDING
VENGARA, OORAKAM, OPPOSITE GVHSS, MALAPPURAM REP
BY ITS BRANCH MANAGER, PIN - 676304
10 SOUTH INDIAN BANK, VAILATHUR BRANCH, O.NO.297 J,
WARD NO.6, SHALIMAR COMPLEX, TIRUR-MALAPPURAM ROAD
VAILATHUR, PONMUNDAM P.O, MALAPPURAM REP BY ITS
BRANCH MANAGER, PIN - 676106
11 FEDERAL BANK, KOTTAKKAL BRANCH, VEE PEE TOWER,
CHOOTHUPARA, KOTTAKKAL, MALAPPURAM REP BY ITS
BRANCH MANAGER, PIN - 676503
12 HDFC BANK, KOTTAKKAL BRANCH, WE SIX BUILDING, MAIN
ROAD, OPPOSITE HERBAL GARDEN, KOTTAKKAL, MALAPPURAM
REPRESENTED BY ITS BRANCH MANAGER, PIN - 676503
BY ADVS.
MANU S. DSG OF INDIA
KIRAN M.S.
MOHAN JACOB GEORGE
P.A.AUGUSTINE AREEKATTEL
P.V.PARVATHY (P-41)(K/000036/1991)
REENA THOMAS(R-364)
WPC 27777/23
3
NIGI GEORGE(K/1169/2012)
ANANTHU V.LAL(K/001233/2022)
REMESH KARTHA E.K.(K/2389/2022)
ROHITH R. KARTHA(D/9713/2021)
LISHA WILLIAM(K/001146/2018)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 27777/23
4
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 petitioners,
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 petitioners to deal with their accounts,
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 petitioners 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 petitioners will be at full
liberty to approach this Court again; for which purpose, all their
contentions in this Writ Petition are left open and reserved to them,
to impel in future.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 27777/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF LETTER DATED 21.06.2023
ISSUED TO THE 3RD PETITIONER BY THE 9TH
RESPONDENT
Exhibit P2 A TRUE COPY OF THE LETTER DATED 26.5.2023
SENT TO THE 3RD RESPONDENT
Exhibit P3 A TRUE COPY OF THE LETTER (DATED NILL)
SENT BY THE 1ST PETITIONER TO THE 8TH
RESPONDENT BANK
Exhibit P4 A TRUE COPY OF THE LETTER RECEIVE DATED
19.5.2023 SENT BY THE 2ND PETITIONER TO
THE 11TH RESPONDENT BANK
Exhibit P5 A TRUE COPY OF THE LETTER (RECEIVE DATED
19.5.2023) SENT BY THE 3TH PETITIONER TO
THE 8TH RESPONDENT BANK
Exhibit P6 A TRUE COPY OF THE LETTER RECEIVE DATED
20.5.2023 SENT BY THE 3RD PETITIONER TO
THE 9TH RESPONDENT BANK
Exhibit P7 A TRUE COPY OF THE LETTER (RECEIVE DATED
22.5.2023) SENT BY THE 4TH PETITIONER TO
THE 10TH RESPONDENT BANK
Exhibit P8 A TRUE COPY OF THE LETTER (RECEIVE DATED
20.5.2023) SENT BY THE 5TH PETITIONER TO
THE 12TH RESPONDENT BANK
