Kerala High Court
Shiju S 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. 2454 OF 2024
PETITIONER:
SHIJU S K, AGED 31 YEARS, S/O SREEDHARAN C,
S K NIVAS, KUNDUVILA (H),PRASUVAIKKAL, P.O,
THIRUVANATHAPURAM, KERALA, PIN - 695508
BY ADVS.
T.S.SARATH
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
SAMEER M NAIR
JOTHISHA K.A.
SAILAKSHMI MENON
AASHI K. SHAJAN
RESPONDENTS:
1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH
BLOCK, NEW DELHI, REPRESENTED BY ITS HOME
SECRETARY [email protected], PIN - 110001
2 NATIONAL CYBER CRIME REPORTING PORTAL, REPRESENTED
BY ITS NODAL CYBER CELL OFFICER, WORLD TRADE CENTRE,
CENTRE - 1, BUILDING 32ND FLOOR, CUFFEE PARADE,
MUMBAI [email protected], PIN - 400005
3 INDIAN CYBERCRIME COORDINATION CENTRE, REPRESENTED
BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR, NDCC-II
BUILDING, JAI SINGH ROAD, NEW DELHI
[email protected], PIN - 110001
4 STATE OF MAHARASHTRA, REPRESENTED BY THE CHIEF
SECRETARY, CHIEF SECRETARY OFFICE, HUTATMA RAJGURU
CHOWK, MADAME CAMA ROAD, MANTRALAYA, MUMBAI
[email protected], PIN - 400032
5 DIRECTOR GENERAL OF POLICE, STATE POLICE
HEADQUARTERS, OLD COUNCIL HALL, SHAHEED BHAGAT
SINGH MARG, MUMBAI, MAHARASHTRA,
[email protected], PIN - 400001
WPC 2454/24
2
6 CYBER CRIME POLICE STATION, C P OFFICE,
MILL CORNER, AURANGABAD, MAHARASHTRA
REPRESENTED BY THE STATION HOUSE OFFICER
[email protected],
PIN - 431001
7 THE RESERVE BANK OF INDIA , REPRESENTED BY
THE DEPUTY GENERAL MANAGER, RBI, BAKERY
JUNCTION, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA
[email protected], PIN - 695033
8 FEDERAL BANK, SIVASHAKTHI BUILDING, INCHIVILA
PARASSALA, THIRUVANANTHAPURAM
[email protected], PIN - 695502
BY ADVS.
SRI.MOHAN JACOB GEORGE - SC
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 2454/24
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) 2454/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINTS DETAILS
RECIEVED FROM THE 8TH RESPONDENT BANK THAT
THE PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION
Exhibit P2 A TRUE COPY OF THE STATEMENT OF
TRANSACTION DETAILS OF THE PETITIONER'S
ACCOUNT FROM 26-12-2023 TO 08-01-2024
