Kerala High Court
Muhammed Ansil P 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. 4239 OF 2024
PETITIONER:
MUHAMMED ANSIL P., AGED 21 YEARS, S/O RASHEED ,
RESIDING AT PANANGATTIL HOUSE, NARANGAPATTA,
MANNARKAD P.O, MANNARKKAD-I, PALAKKAD DISTRICT,
KERALA, PIN - 678582
BY ADVS.
HAMZATH ALI V.K.
AYISHA AFRIN A.V.K.
RESPONDENTS:
1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS NORTH
BLOCK, NEW DELHI, REPRESENTED BY ITS HOME
SECRETARY, PIN - 110001
2 THE BANDHAN BANK LIMITED, PALAKKAD BRANCH,
BUILDING NO 22/450-II, GROUND FLOOR, ARVIND
ARCADE, COIMBATORE ROAD, KUNNATHURMEDU,
PALAKKAD, REPRESENTED BY ITS BRANCH MANAGER,
E-MAIL: [email protected],
PIN - 678013
3 THE STATION HOUSE OFFICER, CYBER POLICE STATION,
JODHPUR RURAL, RAJASTHAN, E-MAIL: CYBERRURAL-JOD-
[email protected], PIN - 342001
BY SRI.S.MANU - DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 4239/24
2
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) 4239/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FIRST PAGE OF THE BANK
ACCOUNT STATEMENT OF THE PETITIONER'S
SAVINGS ACCOUNT, HAVING ACCOUNT NO.
20100014571131, MAINTAINED IN THE BANDHAN
BANK - PALAKKAD BRANCH, ISSUED BY THE 2ND
RESPONDENT
Exhibit P2 A TRUE COPY OF THE COMMUNICATION OF THE
ACKNOWLEDGEMENT NO. 22701240000430 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER
DATED 06.01.2024
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED
15.01.2024 PREFERRED BY THE PETITIONER
