Kerala High Court
Sibina vs 1. Indian Bank, Chengamanad ... on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 12389 OF 2024
PETITIONER:
SIBINA
AGED 38 YEARS
KALAMITTAM, SOUTH ADUVASSERY P.O., KUNNUKARA,
ERNAKULAM, PIN - 683578
BY ADVS.
IPSITA OJAL
MANAS P HAMEED
MARIYAMMA A.K.
AISHWARYA SHIVAKUMAR
RESPONDENTS:
1 INDIAN BANK, CHENGAMANAD (REPRESENTED THROUGH BRANCH
MANAGER)
MAIN ROAD ALUVA CHENGAMANAD ERNAKULAM, PIN - 683578
2 STATION HOUSE OFFICER NALASOPARA POLICE STATION
OPT.SAINAGAR, VASAI LINK RD, SHURPARAK NAGAR,
LAKSHMIBEN CHEDDA NAGAR, NALA SOPARA, MAHARASHTRA, PIN
- 401203
3 OFFICER IN CHARGE CYBER POLICE STATION, CYBER CRIME
MUMBAI
FIRST FLOOR, BANDRA KURLA COMPLEX RD, OPPOSITE ICICI
BANK, G BLOCK BKC, BANDRA KURLA COMPLEX, BANDRA EAST,
MUMBAI, MAHARASHTRA, PIN - 400051
BY ADVS.
BINOY VASUDEVAN FOR R1
K.V.RAJESWARI FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12389 OF 2024 2
T.R. RAVI, J.
--------------------------------------------
W.P(C).No.12389 of 2024
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Dated this the 21st day of May, 2024
JUDGMENT
The petitioner is a holder of an account with the 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) 12389/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BANK PASSBOOK OF THE
PETITIONER IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT P1.
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION
MARKING LIEN AMOUNTS ISSUED BY NALASOPARA
POLICE STATION IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT P2.
