Kerala High Court
Muhammed Raseel M.K 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. 55 OF 2024
PETITIONER:
MUHAMMED RASEEL M.K., AGED 24 YEARS, S/O KABEER M,
MURINGAKKODAN HOUSE, MANNARKKAD, PERIMBADARI POST,
PALAKKAD DISTRICT, KERALA, PIN - 678762
BY ADVS.
T.S.SARATH
S.SAMEER
RESPONDENTS:
1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH
BLOCK, NEW DELHI, REPRESENTED BY ITS HOME
SECRATARY, 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 STATE OF MAHARSHTRA, REPRESENTED BY ITS CHIEF
SECRATARY, CS OFFICE MAIN BUILDING, MANTRALAYA,
6TH FLOOR, MADAME CAMA ROAD, MUMBAI, MAHARSHTRA,
PIN - 400032
4 STATE POLICE CHIEF, POLICE HEAD QUARTERS, OLD
COUNCIL HALL, SHAHEED BHAGAT SINGH MARG, MUMBAI,
MAHARSHTRA, PIN - 400001
5 POLICE INSPECTOR, ECONOMIC OFFENCE WING, MIRA
BHAYNDER VASAI VIRAR COMMISSIONERATE, MIRAR ROAD
EAST, MIRA BHAYANDAR, MAHARASHTRA, PIN - 401107
6 THE SOUTH INDIAN BANK LTD, REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER, HEAD OFFICE, SIB HOUSE, MISSION
QUARTERS, THRISSUR DISTRICT, KERALA, PIN - 680001
7 THE BRANCH MANAGER, THE SOUTH INDIAN BANK LTD
MANNARKKAD BRANCH, NAFEESA SQUARE, OPP. KSEB,
MAIN ROAD, MANNARKKAD, PALAKKAD DISTRICT, KERALA,
PIN - 678582
WPC 55/24
2
BY ADVS.
KIRAN M.S.
SUNIL SHANKAR A
VIDYA GANGADHARAN(K/000424/2020)
SANDHRA.S(K/001610/2021)
S.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 55/24
3
JUDGMENT
The facts involved in this case are covered by the judgment of
this Court in Dr.Sajeer V. Reserve Bank of India [2024(1) KLT 826].
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 account of the petitioner, only
to the extent of the amounts mentioned in the order/requisition
issued to him 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 account 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) 55/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMMUNICATION FROM 7TH
RESPONDENT BANK, DATED 27/11/2023
Exhibit 2 A TRUE COPY OF THE BANK STATEMENT OF THE
PETITIONER BEARING SAVINGS ACCOUNT NO.
0048073000001361 ISSUED BY THE 7TH
RESPONDENT BANK, DATED 03/11/2023 FOR A
PERIOD FROM 20/09/2023 TO 02/11/2023.
