Kerala High Court
Mohammed Sabith P vs The Manager, Federal Bank on 6 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 19801 OF 2024
PETITIONER:
MOHAMMED SABITH P
AGED 24 YEARS
S/O ABDUL KAREEM, PALLIYALIL HOUSE, MULAYANKAVU,
MULAYANKAVU POST, KALUKKALLUR VILLAGE, PALAKKAD
DISTRICT, KERALA. PINCODE, PIN - 679337.
BY ADV ABDUL HADI M.P.
RESPONDENTS:
1 THE MANAGER, FEDERAL BANK
KOPPAM BRANCH, PALAKKAD DISTRICT, FIRST FLOOR, SEVANA
BUILDING OPP:PRIMARY HEALTH CENTRE, KOPPAM
PULASSERY P O, PALAKKAD, PIN - 679307.
2 STATION HOUSE OFFICER
STATE CYBER CRIME CELL, CID CRIME GANDHINAGAR 7TH
FLOOR, C WING, BLOCK-2, KARMAYOGI BHAVAN, SECTOR 10A,
SECTOR 10, GANDHINAGAR, GUJARAT
EMAIL- [email protected], PIN - 382018.
SRI.MOHAN JACOB GEORGE, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19801 OF 2024
2
T.R.RAVI.J
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WP(C) No.19801 of 2024
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Dated this the 06th day of May, 2024
JUDGMENT
The petitioner is the holder of accounts with the
1st respondent Bank and his account has been frozen
on intimation by Police Authorities. The Standing
Counsel for the Bank submits on instructions that the
notice to the Bank does not mention the disputed
amount, and seeks a complete debit freeze of all the
amounts in credit. In such circumstances, following the
decision in Dr.Sajeer v. Reserve Bank of India [ 2023
KHC OnLine 661], this writ petition is disposed of with
the following directions;
(a) The respondent Bank is directed to
immediately issue a request to the
WP(C) NO. 19801 OF 2024
Investigation Authority/Police Authority
and seek the amount which is required to
be kept in freeze or held in lien in the
account of the petitioner. This shall be
done by the Bank within a period of one
month from the date of receipt of a copy
of this judgment.
(b) In the event that the Investigating
Officer/Police Authority responds to the
requisition and mentions a particular
amount, as being the sum that is required
to be kept frozen or held in lien, then
the respondent Bank will confine the
freeze/lien to such an extent and allow
the petitioner/account holder to deal with
his account and transact therein beyond
that limit.
(c) If no information is received from the
Police Authority/ Investigating officer
within a period of two months from the
date of the requisition, the Bank shall
WP(C) NO. 19801 OF 2024
allow the petitioner/account holder to
transact fully in his account,
notwithstanding the debit freeze
requisition, subject to any further
information to be received from the
Police Authority/ Investigating Officer in
future.
(d) If the response from the Police
Authority/Investigating Officer is that the
entire account be frozen for any reason
that is mentioned therein, then the Bank
will inform the petitioner/account holder
accordingly and continue the freeze in
such a manner for a further period of
eight months thereafter.
(e) If, after a period of eight months,
the requisition made by the Police
Authorities - either to a particular sum or
the full amount in the account of the
account holder - is not withdrawn, then
the petitioner/account holder will be at
WP(C) NO. 19801 OF 2024
full liberty to approach this Court again;
which purpose, all contentions in this
writ petition are reserved to him to be
impelled in future.
Sd/-
T.R.RAVI
mpm JUDGE
WP(C) NO. 19801 OF 2024
APPENDIX OF WP(C) 19801/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK
ACCOUNT STATEMENTS FOR THE PERIOD OF
08-04-2024 TO 09.04.2024 FROM THE 1ST
RESPONDENT BANK.
Exhibit P2 A TRUE COPY OF THE LETTER DATED
30.04.2024 FORWARDED BY THE 1ST
RESPONDENT BANK TO THE PETITIONER IS
PRODUCED.
