Kerala High Court
Shoby Joseph vs State Of Kerala on 15 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(CRL.) NO. 118 OF 2024
PETITIONER:
SHOBY JOSEPH
AGED 36 YEARS
S/O JOSEPH,
RESIDING AT PUTHENPURACKEL HOUSE,
MUKKUDAM P.O, IDUKKI, PIN - 685562
BY ADVS.
RAJIT
ARJUN S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL DIRECTOR GENERAL OF POLICE
CRIME BRANCH, EANCHAKKAL,
THIRUVANANTHAPURAM, PIN - 695008
3 THE MANAGER
KARUR VYSYA BANK, KURUPPAM ROAD,
THRISSUR, PIN - 680001
BY ADVS.
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR
SHRI.SAJJU.S., SENIOR G.P.
OTHER PRESENT:
SRI. T.R. RANJITH (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.).No.118 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
---------------------------------------
W.P.(Crl.).No.118 of 2024
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Dated this the 15th day of February, 2024
JUDGMENT
Petitioner seeks a direction to respondents 1 and 2 to defreeze the
account of the petitioner.
2. Petitioner maintains two accounts with the Karur Vysya Bank. The
account numbers are as follows.
i. Account No.1521155000006188 - [an SB account]
ii. Account No.1521777000000030 - [a loan account]
3. The aforesaid two accounts have been frozen pursuant to
directions by the Investigating Officer in Crime
No.367/CB/CU-IV/TVM/D/2019, alleging offences punishable under Sections
406, 408, 420, 465, 468 and 471 r/w Section 34 of the Indian Penal Code,
1860.
4. Petitioner is alleged to be one of the accused who had
misappropriated amounts collected by an organisation called United
Nurse's Association. Investigation has been completed and the case is
now pending as C.C. No.82/2023 on the files of the Chief Judicial
Magistrate Court, Thrissur.
5. According to the petitioner, the second account mentioned
above relates to a home loan account of the petitioner unrelated to the
allegations against him or the crime. Since he is in need of a top-up loan,
petitioner contends that the said account ought to be defreezed, so as to
enable him to obtain a further loan.
6. A statement has been filed by the Detective Inspector CB-CU-IV
dated 12.02.2024. Amongst other things, it is stated in paragraph 7 as
follows.
"It is submitted that as part of investigation to prevent
the transaction of money from the bank accounts of United
Nurse's Association and accused person's account including the
petitioner's account were freezed as reported by the
investigation officer of the concerned bank. The account of the
united Nurses Association has already been defreezed as
ordered by the Hon'ble Court. Out of the two loan accounts
stands in the name of the petitioner which freezed by the
Investigating Officer. The Account No.1521777000000030 is a
loan account, which need not be kept freezed."
7. Since it is stated by the Detective Inspector that the loan account of the
petitioner need not be kept frozen, I am of the view that the request of the
petitioner to de-freeze the loan account can be permitted. As far as his saving
bank account is concerned, I am not inclined to direct a de-freezing
8. In view of the above, there will be a direction to respondents 1 and 2 or
a competent officer to inform the third respondent and ensure that the loan
account of the petitioner maintained with the Karur Vysya Bank bearing
No.1521777000000030 is de-freezed immediately.
Writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/15.02.24.
APPENDIX OF WP(CRL.) 118/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER ISSUED BY THE
INVESTIGATION OFFICER TO THE 3RD
RESPONDENT DTD 27.08.2019 ALONG WITH TYPED
COPY.
Exhibit P2 A TRUE COPY OF CMP.NO.2763/2020 IN CR.NO.
367/CB/CU-IV/TVM/D/2019 OF THE HON'BLE CJM
COURT, THRISSUR.
Exhibit P3 A TRUE COPY OF THE ORDER IN
CMP.NO.2763/2020 OF THE CJM COURT-THRISSUR
DATED 21.10.2020.
Exhibit P4 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN CRL.MC.NO.5050/2020 DTD
14.12.2020.
Exhibit P5 A TRUE COPY OF THE SANCTION LETTER ISSUED
TO THE PETITIONER BY THE 4TH RESPONDENT
DTD 13.05.2019.
Exhibit P6 A TRUE COPY OF THE BANK STATEMENT OF THE
PETITIONER WITH KOTAK BANK- THODUPUZHA
BRANCH FOR THE LAST 6 MONTHS.
Exhibit P7 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER ALONG
WITH TYPED COPY.
