Kerala High Court
Mr. Salim T vs The South Indian Bank Ltd on 31 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 14570 OF 2024
PETITIONER:
MR. SALIM T
AGED 44 YEARS
S/O. BEERAN, THARAKKAL HOUSE, IRIMBILIYAM POST,
IRIMBILIYAM, MALAPPURAM DISTRICT, PIN - 679572
BY ADVS.
MUHAMMED AMEEN
ISTINAF ABDULLAH
RESPONDENTS:
1 THE SOUTH INDIAN BANK LTD
HEAD OFFICE, TB RD, MISSION QUARTERS, SAKTHAN THAMPURAN
NAGAR, VELIYANNUR, THRISSUR, KERALA,REP.BY REGIONAL
MANAGER, PIN - 680001
2 THE SOUTH INDIAN BANK
VALANCHERRY BRANCH, MAYYERI COMPLEX, KOZHIKODE ROAD,
VALANCHERRY, MALAPPURAM DISTRICT, REPRESENTED BY THE
BRANCH MANAGER, PIN - 676552
3 NATIONAL CYBER CRIME REPORTING PORTAL (MHA PORTAL),
NATIONAL HIGHWAY-8 MAHIPALPUR POST, NEW DELHI,
REPRESENTED BY ITS DIRECTOR, PIN - 110037
4 POLICE INSPECTOR
CYBER CRIME POLICE STATION, FIRST FLOOR, BANDRA KURLA
COMPLEX ROAD,OPPOSITE ICICI BANK, G-BLOCK BKC, BANDRA
EAST, MUMBAI, MAHARASHTRA, PIN - 400051
5 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM POST,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
WP(C) NO. 14570 OF 2024 2
SRI.SUNIL SHANKER, SC
SMT.VIDYA GANGADHARAN
SMT.ANGEL YESUDASAN
SRI. RAJEEV JYOTHISH GEORGE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 14570 OF 2024 3
T.R. RAVI, J.
--------------------------------------------
W.P.(C)No.14570 of 2024
--------------------------------------------
Dated this the 31st day of May, 2024
JUDGMENT
The petitioner is a holder of an account with the
respondents 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 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
LEK
APPENDIX OF WP(C) 14570/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE RELEVANT PAGE OF THE
PASSBOOK DATED 1-03-2002
Exhibit P2 A TRUE COPY OF NOTICE DATED 11/03/2024
FORWARDED BY THE BRANCH MANAGER, THE
SOUTH INDIAN BANK, VALANCHERRY BRANCH TO
THE PETITIONER
Exhibit P3 A TRUE COPY OF THE LETTER DATED
27/03/2024 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT BANK
Exhibit P4 A TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA REPORTED AS
2023 KLT ONLINE 2111 (DR.SAJEER -VS-
RESERVE BANK OF INDIA)
