Kerala High Court
Prasanth M.K vs Icici Bank 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. 14575 OF 2024
PETITIONER:
PRASANTH M.K
AGED 41 YEARS
MOOTHEDATH, VKC,THEVAKKAL THRIKAKKARA NORTH(PART),
ERNAKULAM DISTRICT-KERALA, PIN - 682 021
BY ADVS.
P.T.MANOJ
JESTINA MARIAM JOSEPH
LITISHYA FRANCIS
RESPONDENTS:
1 ICICI BANK
REPRESENTED BY ITS AUTHORISED OFFICER, KANCHENJUNGA
APARTMENTS, CIVIL LANE ROAD PALARIVATTOM ERNAKULAM
DISTRICT, PIN - 682025
2 CYBER POLICE STATION
BKC, BANDRA(EAST) MUMBAI, MAHARASHTRA STATE EMAIL:
[email protected], PIN - 400051
BY ADVS.
LAL K JOSEPH
P.MURALEEDHARAN (THURAVOOR)(K/1651/2000)
T.A.LUXY(L-78)
SURESH SUKUMAR(K/634/1997)
ANZIL SALIM(K/000447/2018)
SANJAY SELLEN(K/885/2021)
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. 14575 OF 2024
2
T.R.RAVI.J
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WP(C) No.14575 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. 14575 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. 14575 OF 2024
APPENDIX OF WP(C) 14575/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE E MAIL DATED 08/12/2021
SENT BY THE 1ST RESPONDENT IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT P1
