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Kerala High Court
Issac Mathew vs The Union Of India on 8 December, 2025
WP(C) NO. 15395 OF 2025 1 2025:KER:94916
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
WP(C) NO. 15395 OF 2025
PETITIONER:
ISSAC MATHEW
AGED 52 YEARS
S/O MATHEW THERAVAKATTIL HOUSE VALAMBOOR
PATTIMATTOM P.O, ERNAKULAM, PIN - 683562
BY ADV SHRI.JINU JOSEPH
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, HEAD OFFICE,
MUMBAI, MAHARASTRA, PIN - 400029
3 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
4 ADDITIONAL DIRECTOR GENERAL OF POLICE (ECONOMIC
OFFENCES UNIT)
DR.SHRI KRISHA SINGH PATH, RAJBHAVAN MARG, PATNA,
BIHAR, PIN - 800001
5 THE STATION HOUSE OFFICER
SRI KRISHNA PURI POLICE STATION, PATNA,
BIHAR, PIN - 800001
WP(C) NO. 15395 OF 2025 2 2025:KER:94916
6 SUPERINTENDENT OF POLICE
ECONOMIC OFFENCES WING, SIDCO, ALANDUR ROAD, THIRU
VI KA INDUSTRIAL ESTATE, SIDCO INDUSTRIAL ESTATE,
GUINDY, CHENNAI, TAMILNADU, PIN - 600032
7 THE STATION HOUSE OFFICER
CHENNAI SOUTH POLICE STATION, CCW SP-1, CHENNAI,
TAMILNADU, PIN - 600001
8 ESAF SMALL FINANCE BANK LTD
KOLENCHERY BRANCH, ERNAKULAM,
REPRESENTED ITS BRANCH MANAGER, PIN - 682311
BY ADVS.
SHRI.C.DINESH, CGC
KUM.NARAYANI HARIKRISHNAN
SMT.K.V.RASHMI SC
SHRI.ANILKUMAR C.R., CGC
SHRI.SHUBHAM KUMAR UPADHYAY
SHRI.SANJEEV KUMAR MISHRA (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15395 OF 2025 3 2025:KER:94916
JUDGMENT
The petitioner is maintaining a current account with the 8 th
respondent Bank in its Kolenchery Branch. On 20.11.2023 he received a
letter from the 8th respondent intimating that the Bank had marked a hold
of Rs.1 lakh in the petitioner's account on the basis of a complaint
received from the Cyber Police, Bihar. A copy of the letter dated
20.11.2023 issued by the Bank is produced as Ext.P1. Later, on
05.12.2023, another letter was received from the Bank intimating that
they had marked a hold of Rs.1 lakh on the basis of instructions received
from the Cyber Police, Tamilnadu. A copy of the letter dated 05.12.2023
is produced as Ext.P2. The petitioner thereafter sought some
clarification from the Bank. Ext.P4 is the reply given by the 8 th
respondent Bank to the petitioner. Aggrieved by the action taken by the
Bank, the petitioner has approached this Court.
2. Notice was issued to the respondents and service is
complete. Respondents 4 and 5 filed counter affidavit through their
counsel.
3. Heard the learned counsel for the petitioner; learned Senior
Government Pleader; learned counsel for respondents 4 and 5 and the
WP(C) NO. 15395 OF 2025 4 2025:KER:94916
learned Standing Counsel for the 8th respondent - Bank.
4. The learned Standing Counsel on instruction submitted that
two liens have been marked, each for an amount of Rs.1 lakh on the
basis of instructions received from Police Authorities from the States of
Bihar and Tamilnadu.
5. I have perused the counter affidavit filed by respondents 4
and 5 and taken note of the facts stated therein. On hearing the
respective counsel and perusing the pleadings, I am of the view that this
writ petition can be disposed with appropriate directions.
Hence the following directions are issued:
(i) The 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
WP(C) NO. 15395 OF 2025 5 2025:KER:94916
continuing the freezing or lien for such 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.
It is clarified that the police authority concerned shall be at
liberty to approach this Court to seek review of this judgment if
required.
The respondent Bank is not precluded from freezing or
imposing lien on the petitioner's account on receipt of any subsequent
requests/orders from any law enforcing agencies or courts.
WP(C) NO. 15395 OF 2025 6 2025:KER:94916
The writ petition is ordered accordingly.
Sd/-
S.MANU
JUDGE
MC/10.12
WP(C) NO. 15395 OF 2025 7 2025:KER:94916
APPENDIX OF WP(C) NO. 15395 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 20-11-2023
ISSUED BY THE BRANCH MANAGER OF THE 8TH
RESPONDENT
Exhibit P2 TRUE COPY OF THE LETTER DATED 05-12-2023
ISSUED BY THE BRANCH MANAGER OF THE 8TH
RESPONDENT BANK
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 28-
12-2023 BY THE PETITIONER TO THE 8TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 18-
10-2024 FROM THE 8TH RESPONDENT
Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT NO.
30511230027085 OF THE BIHAR CYBER POLICE
Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT NO.
32912230033368 OF THE TAMILNADU CYBER
POLICE
Exhibit P7 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 20-11-2024
Exhibit P8 TRUE COPY OF THE SCREENSHOT OF THE ORDER
DETAILS OF THE TRANSACTION RELATED TO THE
TRANSFER OF VIRTUAL DIGITAL ASSET TO MR.
BISAN KUMAR ON 10-11-2023
Exhibit P9 TRUE COPY OF THE SCREENSHOT OF THE ORDER
DETAILS OF THE TRANSACTION RELATED TO THE
TRANSFER OF VIRTUAL DIGITAL ASSET TO MR.
ADITYA SINGH ON 29-11-2023
Exhibit P10 TRUE COPY OF THE RELEVANT PAGE OF THE
INDIAN INCOME TAX RETURN ACKNOWLEDGEMENT
OF THE ASSESSMENT YEAR 2024-25 AND THE
DETAILS UNDER THE HEAD SCHEDULE VDA-INCOME
FROM TRANSFER OF VIRTUAL DIGITAL ASSET IN
ITR3
Exhibit P11 THE ANNUAL TAX STATEMENT OF THE PETITIONER
SHOWING THE DETAILS OF TAX DEDUCTED AT
SOURCE BY THE INCOME TAX DEPARTMENT
