Kerala High Court
Muttathodi Service Co-Operative Bank ... vs Union 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. 15075 OF 2024
PETITIONERS:
1 MUTTATHODI SERVICE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS SECRETARY, CITIZEN NAGAR,
CHENGALA P O KASARGODE-, PIN - 671 541
2 THE PRESIDENT
MUTTATHODI SERVICE CO-OPERATIVE BANK LTD CITIZEN NAGAR,
CHENGALA P O KASARGODE-, PIN - 671 541
BY ADVS.
P.E.SAJAL
AJAS K.S.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS,
NEW DELHI -, PIN - 110 001
2 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY - 8,
MAHIPALPUR, NEW DELHI - ., PIN - 110 037
3 STATE POLICE CHIEF,
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM -, PIN - 695 014
4 DIRECTOR GENERAL OF POLICE,
DIRECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE
HEADQUARTERS, BANGALORE-, PIN - 560 001
5 THE STATION HOUSE OFFICER,
CEN CRIME POLICE STATION SOUTH DIVISION,
BENGALURU-, PIN - 560 070
6 KERALA STATE COOPERATIVE BANK
REPRESENTED BY ITS SECRATRY CHERKALA
KASARGODE-, PIN - 671 542
BY ADVS.
SRI. V. GIRISH KUMAR. CGC.
SRI. P. NARARYANAN. SP. GP.
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. 15075 OF 2024
2
T.R.RAVI.J
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WP(C) No.15075 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
The petitioners are holders of an account with the Bank
and their 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. 15075 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. 15075 OF 2024
APPENDIX OF WP(C) 15075/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DETAILS TO THE 5TH
RESPONDENT DATED 28.03.2024
