Citation : 2024 Latest Caselaw 5182 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. 3447 OF 2024
PETITIONER:
BIJU GEORGE, AGED 53 YEARS
S/O. M.P. GEORGE, MALIEKKAL HOUSE, MANARCAD P.O.,
KOTTAYAM DISTRICT, PIN - 686019
BY ADV K.RAKESH
RESPONDENTS:
1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL
SECRETARIAT, NEW DELHI, PIN - 110001
2 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
MAHARASTRA, PIN - 400029
3 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
4 THE STATION HOUSE OFFICER
CYBER POLICE STATION, VALLABHAI PATTEL ROAD, BRIHAN
MUMBAI, MAHARASHTRA. E-MAIL:
[email protected], PIN - 400055
5 KERALA GRAMIN BANK
MANARCAD BRANCH, KOTTAYAM DISTRICT, PIN - 686 019
REPRESENTED BY ITS BRANCH MANAGER/AUTHORISED OFFICER,
PIN - 400055
S.MANU - DSGI
SRI.JAWAHAR 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. 3447 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 his 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.
WP(C) NO. 3447 OF 2024
(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 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 him, to be impelled in future.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 3447 OF 2024
APPENDIX OF WP(C) 3447/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 4TH RESPONDENT DATED, 17-1-2024
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