Kerala High Court
Abdussalam P.T vs The Union Of India on 28 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 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 11934 OF 2024
PETITIONER:
ABDUSSALAM P.T.
AGED 38 YEARS
S/O.CHEKKAMMU HAJI, AGED 38 YEARS, ARIMBRA HOUSE,
AMARAMBALAM SOUTH, MALAPPURAM - CORRECTED
ADDRESS:PADHINHARETHALA
HOUSE,THENCHERI,POOVATHIKKAL,URANGATTIRI,
MALAPPURAM -673 639 ,CORRECTED AS PER ORDER DATED
5.4.2024 IN I.A.1/2024, PIN - 679 339
BY ADVS.
EBIN MATHEW
P.J.MATHEW
AKHILA SHOJI
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS,
NEW DELHI -, PIN - 110001
2 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
MAHARASHTRA -, PIN - 400029
3 CYBER CRIME POLICE STATION
AMRELI, SAVARKUNDLA TOWN,GUJARAT-
REPRESENTED BY INSPECTOR OF POLICE, PIN - 365601
4 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM -, PIN - 695014
5 SOUTH INDIAN BANK
EDAVANNA BRANCH,PARARI COMPLEX,CENTRAL
BAZAR,EDAVANNA,MALAPPURAM
REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 676541
BY ADVS.
SUNIL SHANKAR A
VIDYA GANGADHARAN(K/000424/2020)
SRI. V. GIRISH KUMAR, CGC.
SRI. RAJEEV JYOTHISH GEORGE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11934 OF 2024
2
T.R.RAVI.J
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WP(C) No.11934 of 2024
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Dated this the 28th day of May, 2024
JUDGMENT
The petitioner is holder of an account with the respondents
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
WP(C) NO. 11934 OF 2024
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
sn
WP(C) NO. 11934 OF 2024
APPENDIX OF WP(C) 11934/2024
PETITIONER'S EXHIBITS
Exhibit p-1 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 5TH RESPONDENT DATED 12-03-2024
Exhibit P-2 A TRUE COPY OF THE LETTER DATED 14/03/2024
ISSUED BY THE PETITIONER TO THE 5TH
RESPONDENT BANK
Exhibit P-3 TRUE COPY OF THE DETAILS OF THE COMMUNICATION
ISSUED BY THE 3RD RESPONDENT DATED 12/03/2024
Exhibit P-4 A TRUE COPY OF THE INTERIM ORDER DATED
05/06/2023 OF THE HON'BLE HIGH COURT OF
KERALA IN WP(C)18199 OF 2023
