Kerala High Court
Saidalavi vs State Of Kerala on 14 August, 2025
2025:KER:61782
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WP(C) NO.43188 OF 2024
PETITIONER:
SAIDALAVI
AGED 68 YEARS
S/O.MOHAMMED, RESIDING AT ULLATTIL HOUSE,
CHENDAPPURAYA, ABDURAHIMAN NAGAR P.O,
MALAPPURAM DISTRICT, PIN - 676305
BY ADVS.
SRI.P.T.SHEEJISH
SRI. HARIKIRAN M.
SRI.P.SREERAM
SRI.A.ABDUL RAHMAN (A-1917)
SMT.PARVATHY S. MANOJ
SMT.AMRITA SAFAL M.
SHRI.YOOSUF SAFWAN T. AJMAL
SMT.PARVATHI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT,
SECRETARIATE THIRUVANANTHAPURAM.,
PIN - 695001
2 DISTRICT POLICE CHIEF
OFFICE OF COMMISSIONER OF POLICE, CRAWFORD MARKET,
LOKMANYA TILAK ROAD, POLICE COLONY, DHOBI TALAO,
CHATRAPATI SHIVAJI TERMINUS AREA, FORT, MUMBAI,
MAHARASHTRA, PIN - 400001
3 THE STATION HOUSE OFFICER
NAVI MUMBAI POLICE STATION, FORT, MUMBAI,
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W.P.(C) No.43188 of 2024
MAHARASHTRA,, PIN - 400001
4 DISTRICT POLICE CHIEF
DPO ROAD, UP HILL, MALAPPURAM,
PIN - 676505
5 DISTRICT POLICE CHIEF
DISTICT POLICE OFFICE,
WAYANAD DISTRICT, PIN - 673122
6 THE FEDERAL BANK
KALPETTA BRANCH, REPRESENTED BY THE MANAGER,
KALPETTA, WAYANAD DISTRICT, PIN - 673122
7 THE SERVICE CO-OPERATIVE BANK LTD,
REPRESENTED BY THE MANAGER, A.R NAGAR,
MALAPPURAM DISTRICT, PIN - 676305
8 UNION OF INDIA
MINISTRY OF HOME AFFAIRS NORTH BLOCK,
NEW DELHI REPRESENTED BY ITS HOME SECRETARY,
PIN - 110001
9 INDIAN CYBERCRIME COORDINATION CENTRE
REPRESENTED BY ITS CEO 5TH FLOOR, NDCC-II
BUILDING, JAI SINGH ROAD, NEW DELHI,
PIN - 110001
10 THE RESERVE BANK OF INDIA
REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI,
BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
BY ADVS.
SRI.P.A.MOHAMMED SHAH
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
GP SRI TONY AUGUSTINE...
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.43188 of 2024
JUDGMENT
Petitioner maintains an account with the 7th respondent -
Bank. He approached this Court aggrieved by the freezing
imposed on the account by the 7th respondent - Bank.
2. Learned Government Pleader appeared for
respondents 1, 4 and 5. Learned Standing Counsel appeared
for the 5th respondent - Bank. Adv.P.A.Mohammed Shah
appeared for the 7th respondent - Bank. Learned Central
Government Counsel appeared for respondents 8 and 9.
Though notice was issued, there is no appearance for the 10 th
respondent.
3. Learned counsel appearing for the 7 th respondent -
Bank on instructions submitted that the lien was marked for
an amount of Rupees Two lakhs on the basis of the requisition
received from the 3rd respondent - police authority.
4. Notice was issued to the respondent police
authority by speed post and also by e-mail as provided under
Rule 51(3) of the Rules of the High Court of Kerala, granting
sufficient time to respond. However, there is no appearance
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for them. Therefore, I proceed to dispose of this writ petition
by issuing directions incorporating sufficient conditions to
protect the interest of the respondent police authority also to
avoid delay in disposal of the writ petition.
5. I hence dispose of the writ petition with the
following directions:
(i) The 7th 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
complete necessary action - either
continuing the freezing or lien for such
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period as mentioned therein; or withdrawing
it, as the case may be;
(iv) 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;
(v) In order to enable the Police to comply with
the above direction, the Bank, as well as the
petitioner, shall forthwith serve a copy of this
judgment to the police officer concerned
and retain proof of such service.
6. It is clarified that the police authority concerned
shall be at liberty to approach this Court to seek review of
this judgment if required.
7. The respondent Bank is not precluded from
freezing or imposing lien on the petitioner's account on
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receipt of any subsequent requests/ orders from any law
enforcing agencies or courts.
The writ petition is ordered accordingly.
Sd/-
S.MANU
JUDGE
PV
2025:KER:61782
APPENDIX OF WP(C) 43188/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LETTER ISSUED BY
THE 7TH RESPONDENT BANK DATED
05.09.2024
Exhibit P2 THE COPY OF THE ACCOUNT STATEMENT OF
MR. ROUF FROM WHICH THE AFOREMENTIONED
TRANSACTIONS WERE MADE TO THE ACCOUNT
OF THE PETITIONER
Exhibit P3 THE COPY OF BANK ACCOUNT STATEMENT OF
THE PETITIONER, ISSUED TO THE
PETITIONER BY STATE SERVICE
COOPERATIVE BANK LTD OF KERALA BANK IN
THE STATE OF KERALA, AT ABDURAHMAN
NAGAR BRANCH
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONER TO THE
STATE POLICE CHIEF, KERALA DATED
02.11.2024
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONER TO THE
STATE POLICE CHIEF MAHARASHTRA DATED
02.11.2024
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 02.11.2024
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONER TO THE 4TH
RESPONDENT DATED 02.11.2024
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION
PREFERRED BY THE PETITIONER TO THE 7TH
RESPONDENT DATED 02.11.2024
