Kerala High Court
Dhanish Pk vs 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. 15016 OF 2024
PETITIONER:
DHANISH PK
AGED 29 YEARS
S/O BASHEER P.K, POOLENKUNNAN HOUSE, ARIPRA P.O
MANKADA, VALAMBUR, MALAPPURAM, PIN - 679321
BY ADV AMAL PARTHASARADHY
RESPONDENTS:
1 FEDERAL BANK
REPRESENTED BY ITS BRANCH MANAGER, K P MALL, MANKADA,
MALAPPURAM DISTRICT, PIN - 679324
2 THE BRANCH MANAGER
FEDERAL BANK , K P MALL, MANKADA, MALAPPURAM DISTRICT,
PIN - 679324
3 CYBER CRIME BRANCH PUNE
REPRESENTED BY INSPECTOR OF POLICE, POLICE
HEADQUARTERS, SHIVAJI NAGAR, PUNE, MAHARASHTRA, PIN -
411005
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. 15016 OF 2024 2
T.R. RAVI, J.
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W.P.(C)No.15016 of 2024
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Dated this the 6th day of June, 2024
JUDGMENT
The petitioner is a holder of an account with the
respondents Bank and his account has been frozen on
intimation by Police Authorities. The Court had, at the time of
admission, issued interim directions to restrict the freezing of
the accounts to the amount which had been subject matter of
the dispute, as per the intimation received from the Police
authorities. The Bank has also taken action to that extent
pursuant to the directions issued by this Court. In similar
cases, this Court had after issuance of such interlocutory
orders, closed the writ petitions with certain directions.
Paragraph No.12 of the directions issued in Dr.Sajeer v.
Reserve Bank of India [ 2023 KHC OnLine 661] is
extracted hereunder;
"12. In fact, should the criminal enquiry found
otherwise, it will be doubtful if the amounts in
question could be even recovered from the
petitioners, if they have received it as part of
bonafide or other valid transactions, unaware of
it being proceeds of crime.
In the conspectus of the above, I order these
Writ Petitions with the following directions:
a. The respondent Banks arrayed in these
cases, are directed to confine the order of freeze
against the accounts of the respective
petitioners, 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 petitioners to
deal with their accounts, and transact therein,
beyond that limit.
b. The respondent - Police Authorities
concerned are hereby directed to inform the
respective Banks as to whether freezing of
accounts of the petitioners in these Writ
Petitions 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 Banks receiving the afore
information/intimation from the Police
Authorities, they will adhere with it 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 their Banks in terms of
directions (b) above, the petitioners or such
among them, will be at full liberty to approach
this Court again; for which purpose, all their
contentions in these Writ Petitions are left open
and reserved to them, to impel in future."
This writ petition is disposed of with the above said
directions.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 15016/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE SCREEN SHOT OF THE TEXT
MESSAGE (SMS) RECEIVED BY THE PETITIONER
FROM FIRST RESPONDENT BANK
Exhibit P2 TRUE COPY OF THE COMPLAINT GIVEN BY THE
PETITIONER THROUGH MAIL
Exhibit P3 A TRUE COPY OF THE REPLY DATED 15-3-2024
SEND BY THE FIRST RESPONDENT BANK BY
EMAIL
Exhibit P4 A TRUE COPY OF THE STATEMENT OF ACCOUNT
FROM THE PERIOD FROM 1STJANUARY 2024 TO
28THMARCH 2024 WITH RESPECT TO THE
ACCOUNT MAINTAINED BY THE PETITIONER IN
FEDERAL BANK
