Kerala High Court
Shaheera K.K vs The Bank Manager, State Bank Of India on 23 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
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 14802 OF 2024
PETITIONER:
SHAHEERA K.K
AGED 38 YEARS
WIFE OF. BASHEER K.K KARAKKUNNUMMAL HOUSE, KIZHAKKOTH
P.O, KOZHIKODE(DIST.), REPRESENTED BY POWER OF
ATTORNEY- ARIF KAMAL THAILACHERY, AGED- 36 SON OF.
ASSAIN, THAILACHERY HOUSE, MADAVOOR, KOZHIKODE,
(DIST.),, PIN - 673 572
BY ADVS.
V.S.MANSOOR
AKHIL BINOY
RESPONDENTS:
1 THE BANK MANAGER, STATE BANK OF INDIA
KODUVALLY BRANCH, 3/274,CALICUT WAYNAD ROAD ,
KOZHIKODE, PIN - 673 578
2 INSPECTOR OF POLICE, CYBER CRIME POLICE STATION
KANCHIPURAM
THIRUPARUTHIKUNDRAM RD, THAIYAR KULLAM, KANCHIPURAM,
TAMIL NADU
[ EMAIL:- [email protected]), PIN - 631 501
SRI. P. NARAYANAN. SPL. GP.
SRI.JITHESH MENON, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14802 OF 2024
2
T.R.RAVI.J
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WP(C) No.14802 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
The petitioner is 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
WP(C) NO. 14802 OF 2024
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
sn
WP(C) NO. 14802 OF 2024
APPENDIX OF WP(C) 14802/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE 1ST PAGE OF THE
PASSBOOK OF ACCOUNT ISSUED TO THE PETITIONER
BY THE 1ST RESPONDENT IN RESPECT OF ACCOUNT
NO: 33114738092
Exhibit P2 A TRUE PHOTO COPY OF COMPLAINT DTD:08/03/2024
SENT BY THE 2ND RESPONDENT
