Kerala High Court
Shafeeque Kuttan Kavil vs Union Of India on 4 February, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 36676 OF 2023
1
2025:KER:8792
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946
WP(C) NO. 36676 OF 2023
PETITIONER/S:
SHAFEEQUE KUTTAN KAVIL
AGED 35 YEARS
S/O SAIDALIKUTTY KUTTAN KAVIL, KUTTAN KAVIL HOUSE,
KONDOTTY PO, MALAPPURAM, PIN - 673638
BY ADVS.
ALBIN A. JOSEPH
SUSANTH SHAJI
SIDHARTH O.
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE,
NORTH BLOCK, NEW DELHI, PIN - 110001
2 RESERVE BANK OF INDIA
REPRESENTED BY ITS, GENERAL MANAGER BRANCH OFFICE
BANERJI ROAD ERNAKULAM NORTH, KOCHI, PIN - 682018
3 THE MANAGING DIRECTOR
THE SOUTH INDIAN BANK LTD. S.I.B HOUSE, T.B ROAD,
P.B NO: 28, THRISSUR, PIN - 680001
4 THE MANAGER
THE SOUTH INDIAN BANK LTD. KARINKALLATHANI BRANCH,
852/16, SAJLEE COMPLEX, NH 966, CHETHALLUR P.O.,
PALAKKAD, PIN - 678583
5 THE STATION HOUSE OFFICER
PUNE CITY CYBER STATION, POLICE GROUND, OPP RAHUL
THEATRE, POLICE HEADQUARTERS, SHIVAJINAGAR, PUNE,
MAHARASHTRA, PIN - 411005
WP(C) NO. 36676 OF 2023
2
2025:KER:8792
BY ADVS.
SUNIL SHANKAR A
VIDYA GANGADHARAN(K/000424/2020)
JERIN GEORGE(K/863/2023)
GAYATHRI.M.M(K/003350/2022)
DSGI SRI T C KRISHNA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36676 OF 2023
3
2025:KER:8792
C.S.DIAS, J.
---------------------------------------
WP(C) No. 36676 of 2023
-----------------------------------------
Dated this the 4th day of February, 2025
JUDGMENT
The writ petition is filed to direct the 4 th respondent
bank to lift the freezing of the petitioner's bank account
bearing No.0980073000000160.
2. The petitioner's case is that, he is the holder of
the above bank account with the 4th respondent bank. The
said account has been debit freezed by the 4 th respondent
pursuant to the requisition received from the Police. The
action of the 4th respondent is arbitrary. Hence, the writ
petition.
3. Heard; the learned counsel appearing for the
petitioner, the learned DSGI and the learned counsel
appearing for the 4th respondent.
4. When the writ petition came up for consideration
on 07.11.2023, this Court directed the 4th respondent bank
to confine the freezing of the petitioner's bank account by
the amount requisitioned by the Police and not more.
WP(C) NO. 36676 OF 2023
2025:KER:8792
5. In considering an identical matter, this Court in
Dr.Sajeer v. Reserve Bank of India [2024 (1) KLT 826]
held as follows:
" 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."
6. Subsequently, this Court in Nazeer K.T v.
WP(C) NO. 36676 OF 2023
2025:KER:8792
Manager, Federal Bank Ltd [2024 KHC OnLine 768],
after concurring with the view in Dr.Sajeer's case (supra)
and taking into consideration Section 102 of the Code of
Criminal Procedure (now Section 106 of the Bharatiya
Nagarik Suraksha Sanhita, 2023] and the interpretation of
Section 102 of the Code laid down by the Hon'ble Supreme
Court in State of Maharashtra v. Tapas D Neogy
[(1999) 7 SCC 685], Teesta Atul Setalvad v. State of
Gujarat [(2018) 2 SCC 372] and Shento Varghese v.
Julfikar Husen and others [2024 SCC OnLine SC 895],
has held thus:
"8. The above discussion leads to the conclusion that, while
delay in forthwith reporting the seizure to the Magistrate may
only be an irregularity, total failure to report the seizure will
definitely have a negative impact on the validity of the seizure. In
such circumstances, account holders like the petitioner, most of
whom are not even made accused in the crimes registered, cannot
be made to wait indefinitely hoping that the police may act in tune
with S.102 and report the seizure as mandated under Sub-section
(3) at some point of time. In that view of the matter, the following
direction is issued, in addition to the directions in Dr.Sajeer
(supra).
(i) The Police officer concerned shall inform the banks
whether the seizure of the bank account has been reported to the
jurisdictional Magistrate and if not, the time limit within which
WP(C) NO. 36676 OF 2023
2025:KER:8792
the seizure will be reported. If no intimation as to the compliance
or the proposal to comply with the S.102 is informed to bank
within one month ofreceipt of a copy of the judgment, the bank
shall lift the debit freeze imposed on the petitioner's account.
(ii) 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 officer concerned and retain proof of
such service.
7. I am in complete agreement with the views
in Dr.Sajeer and Nazeer K.T cases (supra). The above
principles squarely apply to the facts of the case on hand.
In the above conspectus, I dispose of the writ petition
by passing the following directions:
(i). The 4th respondent Bank is directed to confine
the freezing order of the petitioner's bank
account only to the extent of the amount
mentioned in the order/requisition issued by the
Police Authorities. The above exercise shall be
done forthwith, so as to enable the petitioner to
transact through his account beyond the said
limit;
(ii). The Police Authorities are hereby
directed to inform the Bank as to whether
freezing of the petitioner's account will be
WP(C) NO. 36676 OF 2023
2025:KER:8792
required to be continued even in the afore
manner; and if so, for what further time;
(iii) On the Bank 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;
(iv). If, however, no information or intimation is
received by the Bank in terms of direction (ii)
above, the petitioner will be at full liberty to
approach this Court again; for which purpose, all
his contentions in this Writ Petition are left open
and reserved to him, to impel in future;
(v) The jurisdictional police officers shall
inform the Bank whether the seizure of 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 102 of the Cr.P.C. 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
WP(C) NO. 36676 OF 2023
2025:KER:8792
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 of this
judgment to the jurisdictional officer and retain
proof of such service.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rkc/04.02.25
WP(C) NO. 36676 OF 2023
2025:KER:8792
APPENDIX OF WP(C) 36676/2023
PETITIONER EXHIBITS
Exhibit 1 TRUE PHOTOSTAT COPY OF THE GST
REGISTRATION OF THE PETITIONE DATED
13/08/2023
Exhibit P2 TRUE PHOTOSTAT COPY OF THE LETTER DATED
12.10.2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 16.10.2023 ISSUED BY THE 4TH
RESPONDENT
Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 30.10.2023 ISSUED BY THE PETITIONER
TO THE 3RD AND 4TH RESPONDENTS
Exhibit P5 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED
BY INDIA POST DATED 31.10.2023
