Vishnu N K vs The Manager, Kerala Gramin Bank
2024 Latest Caselaw 16337 Ker

Kerala High Court

Vishnu N K vs The Manager, Kerala Gramin Bank on 11 June, 2024

Author: P Gopinath

Bench: P Gopinath

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                  WP(C) NO. 16971 OF 2024
PETITIONER:

         MUHAMMED RAFI M
         AGED 29 YEARS, S/O ALI,
         MUTHUKUTTY, VENGOOR, MELATTUR VILLAGE,
         KEEZHATTUR, MALAPPURAM, VENGOOR, KERALA,
         PIN - 679 325.

         BY ADVS.
              ABDUL HADI M.P.
              SHAKEEB C.

RESPONDENTS:

    1    THE MANAGER
         KERALA GRAMIN BANK, PATTIKKAD CHUNGAM BRANCH,
         CHUNGAM, PATTIKKAD PO, MALAPPURAM DT.,
         PIN - 679 325.

    2    INSPECTOR OF POLICE
         CEN POLICE STATION, NORTH EAST DIVISION,
         YELAHANKA BANGLORE CITY, NEHRU NAGAR, BENGALURU,
         KARNATAKA EMAIL- [email protected],
         PIN - 560 064.

    3    INSPECTOR OF POLICE
         SANAND POLICE STATION , SH 17; GEPPARA, SANAND,
         GUJARAT, PIN - 382 110.


         BY ADV. JAWAHAR JOSE (SC - KGB)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, ALONG WITH WP(C).17024/2024,
17071/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) Nos.16971/2024 & Conn.Cases
                                       -:2:-

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 17024 OF 2024
PETITIONER:

              MUHAMMED HISHAM B
              AGED 26 YEARS, S/O ABDUL GAFOOR B,
              BALAYIL HOUSE, PACHEERI, MANNARMALA PO,
              KARIAVATTOM, PO, PATTIKKAD, MALAPPURAM DISTRICT,
              PIN - 679 325.

              BY ADVS.
                   ABDUL HADI M.P.
                   SHAKEEB C.

RESPONDENTS:

      1       THE MANAGER,
              KERALA GRAMIN BANK, VETTATHUR BRANCH,
              MALAPPURAM DISTRICT, PIN - 679 325.

      2       INSPECTOR OF POLICE,
              CYBER ECONOMIC AND NARCOTICS (CEN) CRIME POLICE
              STATION, SOUTH DIVISION BENGALURU CITY EMAIL.
              [email protected], PIN - 560 066.

      3       SENIOR INSPECTOR OF POLICE
              EAST REGION CYBER POLICE STATION,
              CYBER CRIME WING, CRIME BRANCH MUMBAI BANDRA
              EAST, MUMBAI, MAHARASHTRA, PIN - 400 051.


              BY ADV. JAWAHAR JOSE (SC - KGB)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, ALONG WITH WP(C).16971/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.16971/2024 & Conn.Cases
                                       -:3:-


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 17071 OF 2024
PETITIONER:

              VISHNU N K
              AGED 21 YEARS, S/O RAJAN N K,
              NELLIKKOTTIL HOUSE, VENGOOR, PO, KARIAVATTOM,
              MALAPPURAM, PIN - 679 325.


              BY ADVS.
                   ABDUL HADI M.P.
                   SHAKEEB C.


RESPONDENTS:

      1       THE MANAGER,
              KERALA GRAMIN BANK
              PERINTHALMANNA BRANCH, PERINTHALMANNA JUBILEE
              BYPASS, PERINTHALMANNA, MALAPPURAM DISTRICT,
              KERALA, PIN - 679 322.

      2       INSPECTOR OF POLICE
              SOUTH EAST CEN POLICE STATION BANGLORE CITY,
              HSR LAYOUT POLICE STATION PREMISE BANGALORE CITY
              EMAIL- [email protected],
              PIN - 560 102.


              BY ADV. JAWAHAR JOSE (SC - KGB)



       THIS     WRIT     PETITION      (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 11.06.2024, ALONG WITH WP(C).16971/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.16971/2024 & Conn.Cases
                                       -:4:-


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 17164 OF 2024
PETITIONER:

              MOHAMMED RASHID A
              AGED 22 YEARS, S/O ATHIKKADAN UBIDULLA,
              ATHIKKADAN HOUSE, VENGOOR PO, MELATTUR VILLAGE,
              KEEZHATTUR, MALAPPURAM, PIN - 679 325.

              BY ADVS.
                   ABDUL HADI M.P.
                   SHAKEEB C.


RESPONDENTS:

      1       THE MANAGER,
              KERALA GRAMIN BANK
              PERINTHALMANNA BRANCH, PERINTHALMANNA JUBILEE
              BYPASS, PERINTHALMANNA, KERALA,
              MALAPPURAM DISTRICT, PIN - 679 322.

      2       SENIOR INSPECTOR OF POLICE
              CYBER CELL POLICE STATION, CRIME BRANCH,
              NAVI MUMBAI, NEAR DR D Y PATIL VIDYANAGAR,
              SECTOR 5, OPPOSITE TO NEEL PARADISE/TULSI MAIDAN,
              NERUL, NAVI MUMBAI, MAHARASHTRA,
              EMAIL- [email protected],
              PIN - 400 706.

              BY ADV. JAWAHAR JOSE (SC - KGB)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, ALONG WITH WP(C).16971/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.16971/2024 & Conn.Cases
                                       -:5:-


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 17377 OF 2024
PETITIONER:

              MOHAMMED FAHAD K
              AGED 24 YEARS, S/O USMAN K,
              KOZHISSERY HOUSE, KARYAVATTAM VILLAGE, VETTATHUR,
              MALAPPURAM DISTRICT, KERALA, PIN - 679 325.

              BY ADVS.
                   ABDUL HADI M.P.
                   SHAKEEB C.


RESPONDENTS:

      1       THE MANAGER,
              KERALA GRAMIN BANK
              PERINTHALMANNA BRANCH, PERINTHALMANNA JUBILEE
              BYPASS, PERINTHALMANNA, KERALA, MALAPPURAM
              DISTRICT, PIN - 679 322.

      2       INSPECTOR OF POLICE
              SOUTH EAST CEN POLICE STATION BANGLORE CITY,
              HSR LAYOUT POLICE STATION,
              PREMISE BANGALORE CITY, PIN - 560 102.
              EMAIL- [email protected].


              BY ADV. JAWAHAR JOSE (SC - KGB)



       THIS     WRIT     PETITION      (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 11.06.2024, ALONG WITH WP(C).16971/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.16971/2024 & Conn.Cases
                                       -:6:-


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 17396 OF 2024
PETITIONER:

              MOHAMMED SHAJAHAN
              AGED 27 YEARS
              KAKKOOTH HOUSE, VENGOOR, PO, MELATTUR VILLAGE,
              KEEZHATTUR, MALAPPURAM, PIN - 679 325.

              BY ADVS.
                   ABDUL HADI M.P.
                   SHAKEEB C.

RESPONDENTS:

      1       THE MANAGER,
              KERALA GRAMIN BANK, PERINTHALMANNA BRANCH,
              PERINTHALMANNA JUBILEE BYPASS, PERINTHALMANNA,
              KERALA, MALAPPURAM DISTRICT, PIN - 679 322.
      2       INSPECTOR OF POLICE,
              CEN POLICE STATION WHITE FILED BANGALORE CITY,
              KARNATAKA EMAIL- [email protected],
              PIN - 560 066.

      3       INSPECTOR OF POLICE
              CYBER CRIME POLICE STATION, CCS, DETECTIVE
              DEPARTMENT, HYDERABAD CITY, OFFICE OF THE
              ASSISTANT COMMISSIONER OF POLICE, PS CYBER CRIME,
              DD, HYDERABAD ACP-CYBERCRIMES-
              [email protected], PIN - 500 029.

              SRI. JAWAHAR JOSE (SC - KGB)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, ALONG WITH WP(C).16971/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.16971/2024 & Conn.Cases
                                       -:7:-


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 17610 OF 2024
PETITIONER:

              MOHAMMED SHAMIL CP
              AGED 23 YEARS, S/O MOHAMMED,
              CHATTIPPARA, MELATTUR, MALAPPURAM, PIN - 679 326.


              BY ADVS.
                   ABDUL HADI M.P.
                   SHAKEEB C.


RESPONDENTS:

      1       THE MANAGER,
              KERALA GRAMIN BANK, MELATTUR BRANCH, KL SH 39,
              MELATTUR, KERALA MALAPPURAM DISTRICT,
              PIN - 679 326.

      2       INSPECTOR OF POLICE
              (CEN )CYBER ECONOMIC AND NARCOTICS CRIME POLICE
              STATION, SOUTH DIVISION, BENGALURU CITY,
              BANASHANKARI POLICE STATION ABOVE, THYAGARAJA
              NAGARA, BANASHANKARI 2ND STAGE, BENGALURU CITY
              EMAIL- [email protected], PIN - 560 070.
              BY ADV.JAWAHAR JOSE (SC - KGB)



       THIS     WRIT     PETITION      (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 11.06.2024, ALONG WITH WP(C).16971/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.16971/2024 & Conn.Cases
                                       -:8:-


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 17844 OF 2024
PETITIONER:

              MUNDAKKAL RAHUL
              AGED 25 YEARS, S/O KUMARAN M,
              MUNDAKKAL HOUSE, VALAMBUR, MALAPPURAM DISTRICT,
              PIN - 679 325.

              BY ADVS.
                   ABDUL HADI M.P.
                   SHAKEEB C.


RESPONDENTS:

      1       THE MANAGER,
              KERALA GRAMIN BANK
              THIRURKKAD BRANCH, TIRURKKAD P.O.
              TIRURKKAD, VIA. ANGADIPPURAM, MALAPPURAM DT,
              PIN - 679 321.
      2       INSPECTOR OF POLICE
              SOUTH EAST (CEN ) CYBER ECONOMIC AND NARCOTICS
              CRIME POLICE STATION, BANGALORE CITY, HSR LAYOUT
              POLICE STATION PREMISE, BANGALORE CITY EMAIL-
              [email protected], PIN - 560 102.
              BY ADV JAWAHAR JOSE (SC - KGB)



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, ALONG WITH WP(C).16971/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.16971/2024 & Conn.Cases
                                        -:9:-



                             JUDGMENT

[WP(C) Nos.16971, 17024, 17071, 17164, 17377, 17396, 17610 and 17844 of 2024]

These writ petitions have been filed challenging the

debit freeze on the accounts maintained by the respective

petitioners with different branches of the Kerala Gramin

Bank.

2. When these matters are taken up for

consideration today, the learned Standing Counsel

appearing for the Kerala Gramin Bank submits that the

amount in credit in the accounts which are subject matter

of these writ petitions may not justify the consideration of

the matter on merits. It is submitted that in the account

which is subject matter of WP(C)No.16971 of 2024, the

credit balance available is Rs.16.80/-, in the account which

is subject matter of WP(C)No.17024 of 2024, the credit

balance available is Rs.6.69/-, in the account which is

subject matter of WP(C)No.17071 of 2024, the credit

balance available is Rs.65.88/-, in the account which is W.P.(C) Nos.16971/2024 & Conn.Cases

subject matter of WP(C)No.17164 of 2024, the credit

balance available is Rs.26.70/-, in the account which is

subject matter of WP(C)No.17377 of 2024, the credit

balance available is Rs.417.34/-, in the account which is

subject matter of WP(C)No.17396 of 2024, the credit

balance available is Rs.47.58/-, in the account which is

subject matter of WP(C)No.17610 of 2024, the credit

balance available is Rs.4411.80/- and in the account which

is subject matter of WP(C)No.17844 of 2024, the credit

balance available in the account is Rs.13.76/-

Having regard to the aforesaid facts, I am of the view

that the issue raised in these writ petitions need not be

considered on merits and it is for the respective petitioners

to approach the concerned law enforcement agency for

lifting the debit freeze on the accounts in question. With

this observation, these writ petitions are closed.

Sd/-

GOPINATH P. JUDGE ats W.P.(C) Nos.16971/2024 & Conn.Cases

APPENDIX OF WP(C) 16971/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENTS FOR THE PERIOD OF 13-11-2023 TO 01.02.2024 FROM THE 1ST RESPONDENT BANK Exhibit P2 A TRUE COPY OF THE LETTER DATED 05.03.2024 FORWARDED BY THE 1ST RESPONDENT BANK NOTICE BY E-MAIL Gmail - NOTICE OF WRIT PETITION (CIVIL) NO. 16971 OF 2024 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C) Nos.16971/2024 & Conn.Cases

APPENDIX OF WP(C) 17024/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENTS FOR THE PERIOD OF 01-09-2023 TO 21.12.2023 FROM THE 1ST RESPONDENT BANK.

Exhibit P2 A TRUE COPY OF THE LETTER OF COMMUNICATION DATED 06.03.2024 FROM THE 1ST RESPONDENT BANK.

E MAIL Gmail - NOTICE OF WRIT PETITION (CIVIL) NO.

17024 OF 2024 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C) Nos.16971/2024 & Conn.Cases

APPENDIX OF WP(C) 17071/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENTS FOR THE PERIOD OF 11-12-2023 TO 06.03.2024 FROM THE 1ST RESPONDENT BANK Exhibit P2 A TRUE COPY OF THE LETTER FORWARDED BY THE 2ND RESPONDENT SEND TO THE 1ST RESPONDENT BANK WHICH IS FORWARDED TO THE PETITIONER HEREIN NOTICE THROUGH E- Gmail - NOTICE OF WRIT PETITION (CIVIL) MAIL NO. 17071 OF 2024 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C) Nos.16971/2024 & Conn.Cases

APPENDIX OF WP(C) 17164/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENTS FOR THE PERIOD OF 17-11-2023 TO 29.11.2023 FROM THE 1ST RESPONDENT BANK Exhibit P2 A TRUE COPY OF THE LETTER DATED 04.12.2023 FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT BANK, WHICH THE 1ST RESPONDENT BANK SEND TO THE PETITIONER HEREIN E-MAIL Gmail - NOTICE OF WRIT PETITION (CIVIL) NO.

17164 OF 2024 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C) Nos.16971/2024 & Conn.Cases

APPENDIX OF WP(C) 17377/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENTS FOR THE PERIOD OF 25-11-2023 TO 26.11.2023 FROM THE 1ST RESPONDENT BANK Exhibit P2 A TRUE COPY OF THE LETTER DATED NILL FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT BANK, WHICH THE 1ST RESPONDENT BANK SEND TO THE PETITIONER HEREIN E MAIL Gmail - NOTICE OF WRIT PETITION (CIVIL) COMMUNICATION NO. 17377 OF 2024 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C) Nos.16971/2024 & Conn.Cases

APPENDIX OF WP(C) 17396/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENTS FOR THE PERIOD OF 15-12-2023 TO 01.02.2024 FROM THE 1ST RESPONDENT BANK Exhibit P2 A TRUE COPY OF THE LETTER DATED 13.12.2023 FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT BANK, WHICH THE 1ST RESPONDENT BANK SEND TO THE PETITIONER HEREIN Exhibit P3 A TRUE COPY OF THE LETTER DATED 08.01.2024 FORWARDED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT BANK, WHICH THE 1ST RESPONDENT BANK SEND TO THE PETITIONER HEREIN E MAIL Gmail - NOTICE OF WRIT PETITION (CIVIL) NO.

17396 OF 2024 ON THE FILES OF HONOURABLE HGIH COURT OF KERALA AT ERNAKULAM W.P.(C) Nos.16971/2024 & Conn.Cases

APPENDIX OF WP(C) 17610/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENTS FOR THE PERIOD OF 01-04-2023 TO 04.03.2024 FROM THE 1ST RESPONDENT BANK Exhibit P2 A TRUE COPY OF THE LETTER DATED 27.03.2024 FORWARDED BY THE 1ST RESPONDENT BANK TO THE PETITIONER HEREIN E MAIL Gmail - NOTICE OF WRIT PETITION (CIVIL) COMMUNICATION NO. 17610 OF 2024 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C) Nos.16971/2024 & Conn.Cases

APPENDIX OF WP(C) 17844/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENTS FOR THE PERIOD OF 02-12-2023 TO 01.02.2024 FROM THE 1ST RESPONDENT BANK Exhibit P2 A TRUE COPY OF THE LETTER DATED NILL FORWARDED BY THE 1ST RESPONDENT BANK TO THE PETITIONER HEREIN E MAIL Gmail - NOTICE OF WRIT PETITION (CIVIL) COMMUNICATION NO. 17844 OF 2024 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM