Citation : 2024 Latest Caselaw 5178 Ker
Judgement Date : 15 February, 2024
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. 2281 OF 2024
PETITIONER:
TAYRAN TRAVELS, E.C COMPLEX, VEZHUPOOR ROAD,
THAMARASSERY P.O, KOZHIKODE DISTRICT. REPRESENTED BY
ITS AUTHORIZED SIGNATORY RAFAH.A.K, W/O. ABDUL
JALEEL.P.V, PADINJAR VEETTIL (H), ODAKKUNNU,
THAMARASSERY P.O, RAROTH VILLAGE, KOZHIKODE DISTRICT,
PIN - 673573
BY ADVS.
V.S.MANSOOR
AKHIL BINOY
RESPONDENTS:
1 THE BRANCH MANAGER, ICICI BANK, THAMARASSERY BRANCH
ICICI BANK LTD, CITY CENTRE, KOYILANDY ROAD, NEAR BSNL
OFFICE, THAMARASSERY CHUNGAM, THAMARASSERY P.O,
KOZHIKODE DISTRICT., PIN - 673573
2 STATION HOUSE OFFICER
PANJAGUTTA POLICE STATION, 312, GREENLANDS ROAD,
OFFICERS COLONY, TELENGANA., PIN - 500082
3 STATION HOUSE OFFICER
CYBER POLICE STATION, SHAHDARA, DELHI - 110032
4 STATION HOUSE OFFICER
OSMANIA UNIVERSITY POLICE STATION, OSMANIA UNIVERSITY
MAIN ROAD, ABHILEKHAGARAM, SECUNDERABAD, HYDERABAD,
TELENGANA., PIN - 500007
LAL K.JOSE - SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2281 OF 2024
2
JUDGMENT
It is without doubt that the issues involved in this case
have already been answered by this Court in W.P.(C)
No.12960 of 2023 and connected matters.
In the afore circumstances and since the learned counsel
for the parties are completely ad idem as above, I allow this
writ petition in terms of the afore judgment in the following
manner:
(a) The respondent - Bank, is directed to confine the
order of freeze against the account of the petitioner, only to
the extent of the amount 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 their
account, and transact therein, beyond that limit.
(b) The respondent - Police Authorities concerned are
hereby directed to inform the Bank as to whether the freezing
of the 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/ WP(C) NO. 2281 OF 2024
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 direction (b) above, petitioner 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 be impelled in future.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 2281 OF 2024
APPENDIX OF WP(C) 2281/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE PHOTOCOPY OF THE 1ST PAGE OF BANKING STATEMENT OF THE PETITIONER ISSUED BY 1ST RESPONDENT DATED 04-01-2024
Exhibit-P2 TRUE PHOTO COPY OF COMPLAINT WITH ACKNOWLEDGEMENT NO: 33712230050138 RECEIVED BY THE 1ST RESPONDENT FROM 2ND RESPONDENT DATED 15-12-2023
Exhibit-P3 TRUE PHOTO COPY OF COMPLAINT WITH ACKNOWLEDGEMENT NO: 30812230049044 RECEIVED BY THE 1ST RESPONDENT FROM 3RD RESPONDENT DATED 15-12-2023
Exhibit-P4 TRUE PHOTO COPY OF COMPLAINT WITH ACKNOWLEDGEMENT NO: 33701240002354 RECEIVED BY THE 1ST RESPONDENT FROM 4TH RESPONDENT DATED 12-01-2024
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