Kerala High Court
Yasmin K.A vs Federal Bank on 29 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
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 17504 OF 2024
PETITIONER:
YASMIN K.A
AGED 46 YEARS, W/O SULAIMAN,
SEENATH (H), KODAKKATTUPOTTA,
PARLI-II KINAVALLUR,
KINAVALLUR,
KERALA, PIN - 678612
BY ADVS.
MUHAMMED AMEEN
FAHAD HUSSAIN
ISTINAF ABDULLAH
RESPONDENTS:
1 FEDERAL BANK
REPRESENTED BY THE GENERAL MANAGER,
HEAD OFFICE, MARKET ROAD,
PERIYAR NAGAR, ALUVA,
ERNAKULAM, PIN - 683101
2 BRANCH MANAGER
FEDERAL BANK, KALLADIKODE BRANCH,
TB JUNCTION, KALLADIKODE,
PALAKKAD, KERALA,
PIN - 678596
3 SUPERINTENDENT OF POLICE
CYBER CRIME CELL, B BLOCK,
MINI SECRETARIAT, PATIALA,
PUNJAB, PIN - 147001
4 THE NATIONAL CYBER REPORTING CRIME PORTAL,
REP. BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS,
NEW DELHI, PIN - 110001
WP(C) NO. 17504 OF 2024
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5 STATE POLICE CHIEF, KERALA
POLICE HEAD QUARTERS,
VAZHUTHAKKAD, THIRUVANANTHAPURAM,
PIN - 695104
SRI. MOHAN JACOB GEORGE, SC.
SRI. SUNIL KUMAR KURIAKOSE, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17504 OF 2024
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T.R. RAVI, J.
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W.P.(C). No.17504 of 2024
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Dated this the 29th day of May, 2024
JUDGMENT
The petitioner is the holder of accounts with the 2 nd respondent
Bank and her 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 account to the amount which
had been subject matter of the dispute as per the intimation received
from the Police authorities. However, it is seen that the notice to the
Bank does not mention the disputed amount, and seeks a complete
debit freeze of all the amounts in credit. In such circumstances,
following the decision in Dr.Sajeer v. Reserve Bank of India
[ 2023 KHC OnLine 661], this writ petition is disposed of with the
following directions;
(a) The respondent Bank is directed to
immediately issue a request to the Investigation
Authority/Police Authority and seek the amount
which is required to be kept in freeze or held in
lien in the account of the petitioner. This shall
be done by the Bank within a period of one
month from the date of receipt of a copy of this
judgment.
WP(C) NO. 17504 OF 2024
(b) In the event that the Investigating
Officer/Police Authority responds to the afore
requisition and mentions a particular amount, as
being the sum that is required to be kept frozen
or held in lien, then the respondent Bank will
confine the freeze/lien to such an extent and
allow the petitioner/account holder to deal with
his account and transact therein beyond that
limit.
(c) On the contrary, if no information is
received from the Police Authority/Investigating
officer within a period of two months from the
date on which the afore requisition was made by
the respondent Bank, then they will allow the
petitioner/account holder to transact fully in his
account, notwithstanding the debit freeze
requisition, subject to any further information to
be received from the Police
Authority/Investigating Officer in future.
(d) As an alternative, if the response from the
Police Authority/Investigating Officer is that the
entire account be frozen for any reason that is
mentioned therein, then the Bank will inform
the petitioner/account holder accordingly and
continue the freeze in such a manner for a
further period of eight months thereafter.
(e) If, after a period of eight months, the
WP(C) NO. 17504 OF 2024
requisition made by the Police Authorities -
either to a particular sum or the full amount in
the account of the account holder - is not
withdrawn, then the petitioner/account holder
will be at full liberty to approach this Court
again; which purpose, all contentions in this
writ petition are reserved to him to be impelled
in future.
Sd/-/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 17504 OF 2024
APPENDIX OF WP(C) 17504/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE COPY OF THE PASSBOOK DATED 09-07-2020
Exhibit P2 A TRUE COPY OF THE INTIMATION NOTICE ISSUED
BY THE 2ND RESPONDENT DATED 6-02-2024
Exhibit P3 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 10612/2024 DATED
26/03/2024
Exhibit P4 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND
RESPONDENT DATED 04/04/2024
Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 13941 OF 2024 DATED
05/03/2024
