Kerala High Court
Muhammed Haneef. U vs The Inspector Of Police on 27 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 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 21114 OF 2023
PETITIONER:
MUHAMMED HANEEF. U
AGED 41 YEARS
S/O. ASSAINAR, HAZEENA MANZIL, KUNHIMANGALAM,
KOYAPPARA, P.O.KUNHIMANGALAM, KANNUR DISTRICT
REPRESENTED BY HIS YOUNGER BROTHER AND NEXT FRIEND ANAS
ASSAINAR, S/O. ASSAINAR, AGED 26 YEARS, HAZEENA MANZIL,
KUNHIMANGALAM, KOYAPPARA, P.O. KUNHIMANGALAM,
KANNUR DISTRICT, PIN - 670309.
BY ADV V.N.RAMESAN NAMBISAN
RESPONDENTS:
1 THE INSPECTOR OF POLICE
CYBER CRIMES POLICE STATION, PUDUCHERRY,
PIN - 605001.
2 THE MANAGER
FEDERAL BANK, PAYYANNUR BRANCH, KANNUR DISTRICT,
PIN - 670307.
BY ADVS.
P.V.PARVATHY (P-41)(K/000036/1991)
REENA THOMAS(R-364)
NIGI GEORGE(K/1169/2012)
SRI.P.PAULOCHAN ANTONY
SRI.MOHAN JACOB GEORGE, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21114 OF 2023
2
T.R. RAVI, J.
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W.P.(C). No.21114 of 2023
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Dated this the 27th day of June, 2024
JUDGMENT
The petitioner is the holder of an account with the respondent
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. In view of
the directions contained in Dr.Sajeer v. Reserve Bank of India
[ 2023 KHC OnLine 661] this writ petition is disposed of with the
following directions:
(1) In cases where the disputed amount is not specified, the
respondent Bank is directed to immediately issue a
request to the 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.
WP(C) NO. 21114 OF 2023
(2) In cases where the disputed amount has been
communicated by the concerned Police Officers, the
respondent Banks 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.
(3) The respondent - Police Authorities concerned are
hereby directed to inform the respective Banks as to
whether freezing of accounts of the petitioner in this
Writ Petition should be continued, and if so, for what
further time, within a period of eight months from the
date of receipt of a copy of this judgment, and on
receipt of such information from the Police Authorities,
the Bank shall take necessary action either continuing
the freeze for such period as mentioned therein; or
withdrawing it, as the case may be.
(4) If, however, no information or intimation is received by
the Banks in terms of direction No.(3) above, the
petitioner will be at liberty to approach this Court again
for necessary relief.
(5) If no information is received from the Police
Authority/Investigating officer within a period of two
months from the date on which the afore requisition was
made by the respondent Bank as per direction (1)
above, the Bank shall 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.
(6) As an alternative, if the response from the Police
WP(C) NO. 21114 OF 2023
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.
(7) 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 liberty to approach this Court again for necessary
relief.
Sd/-
T.R. RAVI
JUDGE
mpm
WP(C) NO. 21114 OF 2023
APPENDIX OF WP(C) 21114/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE F.I.R NO. 0018 DATED
25.05.2023 OF CYBER CRIMES POLICE
STATION, PUDUCHERRY, DOWNLOADED FROM THE
INTERNET.
