Kerala High Court
Vincent T. Joseph vs The Union Of India on 6 August, 2025
2025:KER:58796
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 24320 OF 2025
PETITIONER:
VINCENT T. JOSEPH
AGED 66 YEARS
S/O.JOSEPH, RESIDING AT THANIKKAL CHALISSERY
HOUSE, ELTHURUTH P.O., THRISSUR, PIN - 680611
BY ADVS.
SRI.T.C.SURESH MENON
SRI.B.DEEPAK
SMT.ANNA ROSE
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK CENTRAL SECRETARIAT,
NEW DELHI, PIN - 110001
2 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, MUMBAI, MAHARASHTRA,
PIN - 400029
3 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
4 THE STATE HOUSE OFFICER
BANGALORE CITY EAST POLICE STATION, BENGALURU,
PIN - 560051
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W.P.(C) No.24320 of 2025
5 SOUTH INDIAN BANK
OLARIKKARA BRANCH, TC VIII/4/10, THATTIL
ARCADE, 1ST FLOOR, OLARIKKARA, PULLAZHI P.O.,
THRISSUR, REPRESENTED BY ITS BRANCH MANAGER.,
PIN - 680012
BY ADVS.
SMT.SANJANA R.NAIR, CGC
SHRI.SUNIL SHANKER
SMT.VIDYA GANGADHARAN
SHRI.THOMAS GLAISON
ADV TONY AUGUSTINE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.24320 of 2025
JUDGMENT
Bank account of the petitioner was frozen by the 5 th
respondent on the basis of instructions received from the 4 th
respondent. Petitioner approached this Court and this Court
by interim order dated 04.07.2025 directed that the debit
freeze on the petitioner's account shall be confined to the
lien marked/disputed amount mentioned in the requisition
received by the Bank. Notice was issued. The notice by
speed post issued to the concerned police authority,
respondent No.4 has been returned with the endorsement
"addressee refused".
2. Learned counsel for the petitioner submitted that
notice was sent also by e-mail.
3. In the above circumstances, I am of the view that
this Writ Petition need not be kept pending and it can be
disposed of.
4. In Muhammad Ali Vallukandiyil v. Grievance
Officer, National Cyber Crime Reporting Portal -
NCCRP [2025 SCC OnLine Ker 1319], a learned Single Judge
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of this Court considered a similar case, with reference to
several decisions by Hon'ble Supreme Court and this Court
addressing the issue and disposed the writ petition by issuing
a slew of directions. I find that this writ petition can also be
disposed of by issuing similar directions.
I hence dispose of the writ petition with the following
directions:
(i) The 5th respondent Bank is directed to
confine the freezing of the petitioner's bank
account only to the extent of the amount
mentioned in the order/requisition issued by
the Police Authorities. This shall be done
forthwith, so as to enable the petitioner to
transact through his account beyond the
said limit;
(ii) The Police Authorities concerned are hereby
directed to inform the Bank as to whether
freezing of the petitioner's account will be
required to be continued even in the
aforesaid manner; and if so, for how long;
(iii) On the Bank receiving the aforesaid
information/intimation from the Police
Authorities, they shall comply with it and
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complete necessary action - either
continuing the freezing for such period as
mentioned therein; or withdrawing it, as the
case may be;
(iv) If, however, no information or intimation is
received by the Bank in terms of direction
(ii) above, the petitioner will be at liberty to
approach this Court again; for which
purpose, all contentions raised in this Writ
Petition are left open;
(v) The police officers concerned shall inform
the Bank whether the seizure of the amount
in the bank account has been reported to
the jurisdictional Magistrate and if not, the
time limit within which the seizure will be
reported. If no intimation as to the
compliance or the proposal to comply with
Section 106 of the BNSS is received by the
Bank within two months of receipt of a copy
of this judgment, the Bank shall lift the
debit freeze or remove the lien, as the case
may be, on the petitioner's bank account;
(vi) In order to enable the Police to comply with
the above direction, the Bank, as well as
the petitioner, shall forthwith serve a copy
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of this judgment to the police officer
concerned and retain proof of such service.
The writ petition is ordered accordingly.
Sd/-
S.MANU
JUDGE
PV
2025:KER:58796
APPENDIX OF WP(C) 24320/2025
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE STATEMENT OF
ACCOUNTS OF THE PETITIONER'S BANK
ACCOUNT FOR THE RELEVANT PERIOD,
DATED 29.4.2024
Exhibit P-2 A TRUE COPY OF THE JUDGMENT IN W.P.
(C) NO. 19293 / 2024, DATED
13.06.2024
Exhibit P-3 A TRUE COPY OF THE LETTER TO THE 4TH
RESPONDENT, DATED 23.11.2024
Exhibit P-4 A TRUE COPY OF THE LETTER ADDRESSED
BY THE PETITIONER TO THE 5TH
RESPONDENT, DATED 3.2.2025
Exhibit P-5 A TRUE COPY OF THE HOSPITAL REPORT
FROM RAJAGIRI HOSPITAL, DATED
31.12.2024
Exhibit P-6 A TRUE COPY OF THE JUDGEMENT IN W.P.
(C) NO.8833/25 DATED 28-03-2025
Exhibit P-7 A TRUE COPY OF THE ORDER PASSED IN
I.A.NO.1/2025 IN W.P.(C) NO.8833/2025
DATED 11-06-2025
