Kerala High Court
Mohammed Raees P.T 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. 3535 OF 2024
PETITIONER:
MOHAMMED RAEES P.T, AGED 25 YEARS
S/O HAMZA P.T, KURLOTTIYIL, PUTHIYATHPURAYA, KUTTUR
NORTH, ABDU RAHMAN NAGAR, MALAPPURAM, KERALA, PIN -
676305
BY ADVS.
SIDHARTH O.
SUSANTH SHAJI
ALBIN A. JOSEPH
MUHAMMED SIYAD P.P.
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF
FINANCE, NORTH BLOCK, NEW DELHI, PIN - 110001
2 RESERVE BANK OF INDIA
REPRESENTED BY ITS GENERAL MANAGER, BRANCH OFFICE BANERJI
ROAD, ERNAKULAM NORTH, KOCHI, PIN - 691310
3 MANAGING DIRECTOR, ESAF SMALL FINANCE BANK LTD.,
ESAF BHAVAN, MANNUTHY P.O., THRISSUR, KERALA, PIN -
680651
4 THE BRANCH MANAGER, ESAF SMALL FINANCE BANK LTD-
KUNNUMPURAM BRANCH
ESAF SMALL FINANCE BANK LTD., P.K COMPLEX, KUNNUMPURAM,
A.R NAGAR P.O., MALAPPURAM, KERALA, PIN - 676305
5 THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION,
BHIWANI, 1ST FLOOR P.S CIVIL LINE, BHIWANI, HARYANA, PIN
- 127021
BY ADVS.
B.S.SURESH KUMAR
ASHLEY JOHN(K/000719/2015)
RANJANA V.(K/001646/2000)
ANUSREE C.S.(K/1438/2021)
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. 3535 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 their
accounts, and transact therein, beyond that
WP(C) NO. 3535 OF 2024
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 or such
WP(C) NO. 3535 OF 2024
among them, 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 impel in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 3535 OF 2024
APPENDIX OF WP(C) 3535/2024
PETITIONER EXHIBITS:
Exhibit P1 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
07.12.2023 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
20.12.2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
20.12.2023 ISSUED BY THE 5TH RESPONDENT UNDER
SECTION 91 CRPC
Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 09.01.2024 ISSUED BY THE PETITIONER TO
THE 3RD AND 4TH RESPONDENTS
Exhibit P5 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY
INDIA POST DATED 10.01.2024
Exhibit P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 09.01.2024 SENT TO THE 2ND RESPONDENT
Exhibit P7 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY
INDIA POST DATED 10.01.2024
