Kerala High Court
Thenraj vs State Of Kerala on 17 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:77321
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF OCTOBER 2024/25TH ASWINA, 1946
WP(C) NO. 31433 OF 2024
PETITIONERS:
1 THENRAJ
AGED 62 YEARS, S/O SHANMUGHAM,
CENTRAL DIVISION 204, SURIANELLI ESTATE,
SURIANELLI P.O, CHINAKKANAL VILLAGE,
IDUKKI DISTRICT, PIN - 685618
2 PREMA
AGED 55 YEARS, W/O THENRAJ,
CENTRAL DIVISION 204, SURIANELLI ESTATE,
SURIANELLI P.O, CHINNAKKANAL VILLAGE,
IDUKKI DISTRICT, PIN - 685618
BY ADVS.
ALBIN A. JOSEPH
SUSANTH SHAJI
SIDHARTH O.
MUHAMMED MISBAHU K.
RESPONDENTS:
1 STATE OF KERALA
REPT. BY ITS PRINCIPLE SECRETARY,
DEPARTMENT OF HOME OFFICE, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, IDUKKI,
IDUKKI, PIN - 685603
WP(C) NO. 31433 OF 2024
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3 DEPUTY SUPERINTENDENT OF POLICE
DYSP OFFICE, MUNNAR, MOOLAKADAI,
KANNAN DEVAN HILLS, MUNNAR,
IDUKKI DISTRICT, PIN - 685612
4 STATION HOUSE OFFICER
SHANTHANPARA POLICE STATION, MUNNAR,
KUMALI HIGHWAY, SHANTHANPARA,
IDUKKI DISTRICT, PIN - 685619
5 THE SECRETARY
CHINNAKANAL SERVICE COOPERATIVE BANK LTD.,
SURIANELLI P.O, IDUKKI DISTRICT,
PIN - 685618
6 KARTHIK
AGED 30 YEARS, S/O SOUNDHAR RAJAN HOUSE NO. 151,
KONDRAIKKADU, PERAPOORANI TALUK,
THANJAVUR DISTRICT, TAMIL NADU,
PIN - 614804
BY ADVS.
V.S.SHIRAZ BAVA .
V.E.ABDUL GAFOOR(K/1278/2000)
A.MOHAMMED SAVAD(K/543/2005)
T.R.VISHNU(K/1280/2020)
NAINU P.A.(K/000617/2024)
RESMI M.S.(K/000688/2023)
ANJANA T.S.(K/003899/2023)
GP P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31433 OF 2024
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JUDGMENT
Dated this the 17th day of October, 2024
It is informed that, pursuant to this Court's
direction, the freeze on the petitioner's account was
lifted.
2. Learned Counsel for the 5th respondent
submits that, after lifting of the freeze, the petitioner has
transferred the money in fixed deposit to another
account. The 6th respondent having refused to accept
the notice issued from this Court, the averments in the
writ petition, as far as the 6th respondent is concerned,
remains uncontroverted.
3. Learned Government Pleader submits
that, already a crime is registered and no further
requisition for freezing of the petitioner's account has
been issued by the 4th respondent. Even otherwise, the
4th respondent cannot direct to freeze the account of a
person, only by reason of a monetary dispute being
WP(C) NO. 31433 OF 2024
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brought to his notice. Of course, the investigation officer
can, in appropriate cases, request the bank to freeze the
account, but for that the procedure under Section 186 of
BNSS, 2023 should be followed. No such procedure is
seen followed in the crime registered against the
petitioner.
The writ petition is hence closed, by making the
interim order absolute.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 31433 OF 2024
2024:KER:77321
APPENDIX OF WP(C) 31433/2024
PETITIONER EXHIBITS
EXHIBIT - P1 TRUE PHOTOSTAT COPY OF THE FIXED DEPOSIT
RECEIPT DATED 27.05.2024 IN RESPECT OF
ACCOUNT NO. 6396 ISSUED BY THE 5TH RESPONDENT
EXHIBIT-P2 TRUE PHOTOSTAT COPY OF THE FIXED DEPOSIT
RECEIPT DATED 27.05.2024 IN RESPECT OF
ACCOUNT NO. 6395 ISSUED BY THE 5TH
RESPONDENT.
EXHIBIT-P3 TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY
THE 5TH RESPONDENT TO THE 1ST PETITIONER
DATED 29.08.2024 .
EXHIBIT-P4 TRUE PHOTOSTAT COPY OF THE LETTER DATED NIL
ISSUED BY THE 4TH RESPONDENT TO THE MANAGER
OF THE 5TH RESPONDENT.
EXHIBIT-P5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 03.09.2024 ISSUED BY THE PETITIONERS TO
THE 5TH RESPONDENT.
EXHIBIT-P6 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY
THE INDIA POST DATED 04.09.2024
