Kerala High Court
Anas N.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. 4723 OF 2024
PETITIONER:
ANAS N.P.
AGED 31 YEARS
S/O.IBRAHIM, RESIDING AT NELLIYULLA PARAMBATH HOUSE,
VANIMEL, KOZHIKKODE DISTRICT, KERALA, PIN - 673506
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 ICICI BANK LTD.
NADAPURAM BRANCH, CITY TOWER, OPP. HP PETROL PUMP,
KALLACH ROAD, NADAPURAM, KOZHIKKODE, KERALA,
REPRESENTED BY ITS BRANCH MANAGER, E-MAIL:
[email protected], PIN - 673504
3 SHRINAGAR POLICE STATION
SECTOR NUMBER 2, BHATWADI, SHREE NAGAR, THANE WEST,
THANE, MAHARASHTRA, REPRESENTED BY THE STATION HOUSE
OFFICER E-MAIL: [email protected],
PIN - 400604
BY ADV Premsankar R
SRI.PRATHEESH CHACKO - SC
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:
WP(C) NO. 4723 OF 2024 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 accounts of the petitioner, only
to the extent of the amounts 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 freezing of accounts 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.
(e) I, however, clarify that this judgment will apply to every
requisition received by the Bank from any Police Authority, whether it
be single or multiple, and the fees will be confined to all such amounts.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/19.2
APPENDIX OF WP(C) 4723/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BANK ACCOUNT STATEMENT
OF THE PETITIONER'S SAVINGS ACCOUNT, HAVING
ACCOUNT NO. 266701501270, MAINTAINED IN THE
ICICI BANK - NADAPURAM BRANCH, ISSUED BY
THE 2ND RESPONDENT
Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED
05.02.2024 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED
05.02.2024 PREFERRED BY THE PETITIONER
