Kerala High Court
Muhammed Iyas K vs The Hdfc Bank on 4 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(C) NO. 23638 OF 2025
PETITIONER:
MUHAMMED IYAS K.
AGED 36 YEARS, S/O. HASSAN K.,
RESIDING AT KUNNATH HOUSE, PULLUR,
THALAKKAD, THEKKANKUTTUR, MALAPPURAM,
KERALA, PIN - 676551.
BY ADVS.
SHRI.SYED NIHAL P.M.
SHRI.ABDULLA FUHAD K.
SHRI.MUHAMMED SHIBIL VADAKKENGARA
RESPONDENTS:
1 THE HDFC BANK
TIRUR BRANCH, CENTRAL MALL,
THAZHEPALAM, TIRUR, KERALA,
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 676101.
2 UNION OF INDIA
MINISTRY OF HOME AFFAIRS NORTH BLOCK,
NEW DELHI, REPRESENTED BY ITS HOME SECRETARY,
PIN - 110001.
W.P.(C)No.23638 of 2025
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3 INDIAN CYBER CRIME CO-ORDINATION CENTRE (I 4C)
MINISTRY OF HOME AFFAIRS, 1ST FLOOR, MAJOR DHYAN
CHAND NATIONAL STATION, INDIA GATE CIRCLE,
NEW DELHI, REPRESENTED BY ITS NODAL OFFICER,
PIN - 110002.
4 THADIYITTAPARAMBU POLICE STATION
ALUVA - MUNNAR ROAD, VAZHAKULAM, ERNAKULAM
RURAL, ERNAKULAM KERALA, REPRESENTED BY ITS
STATION HOUSE OFFICER, PIN - 683105.
BY ADVS.
SMT. O.M SHALINA, DSGI
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.23638 of 2025
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JUDGMENT
Dated this the 4th day of July, 2025
The writ petition has been filed seeking to direct the
respondents to forthwith defreeze the Bank Account
No.99909633893909 of the petitioner.
2. The petitioner is the holder of the said Bank
Account with the 1st respondent-Bank. The petitioner states
that the 1st respondent has frozen the petitioner's Bank
Account pursuant to the requisition received from the 4 th
respondent. The action of the respondents is illegal and
arbitrary, contends the petitioner.
3. The pleadings in the writ petition and
arguments advanced by the counsel on either side would
divulge that action to defreeze the account was taken due to
doubtful transactions, perhaps involving cyber crime. The
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counsel for the petitioner would urge that the action of the
respondents has abrogated the right of the petitioner protected
under Articles 14, 21 and 300A of the Constitution of India.
4. I have heard the learned Counsel for the
petitioner, the learned Standing Counsel for the 1 st respondent
and the learned Deputy Solicitor General of India representing
respondents 2 and 3.
5. Government Pleader submitted that
according to the information received, certain amounts are
credited to the account of the petitioner from the cyber fraud
accused / benami.
6. This Court considered a similar issue in the
judgment in W.P.(C) No.28524/2024. Noting the judgments in
Dr. Sajeer v. Reserve Bank of India [2024 (1) KLT 826],
Nazeer K.T. v. Manager, Federal Bank Limited [2024 KHC
OnLine 768], State of Maharashtra v. Tapas D Neogy
[(1999) 7 SCC 685], Teesta Atul Setalvad v. State of
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Gujarat [(2018) 2 SCC 372] and Shento Varghese v. Julfikar
Husen and others [2024 SCC OnLine SC 895], this Court
concurred with the views in Dr. Sajeer (supra) and Nazeer
K.T. (supra) and disposed of the writ petition with directions.
7. The facts involved in W.P.(C) No.28524/2024
and this writ petition are similar. In the circumstances, the writ
petition is disposed of with the following directions.
(i) The 1st respondent-Bank is directed
to confine the freezing order of the 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 directed to
inform the Bank as to whether freezing of the
petitioner's Account will be required to be
continued even in the afore manner, and if
so, for what further time.
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(iii) On the Bank receiving the afore
information/intimation from the police
authorities, the Bank 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 their contentions in the writ
petition are left open and reserved to them, to
impel in future.
(v) The jurisdictional police officer 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 Cr.P.C.
is received by the Bank within two months of
receipt of a copy of this judgment, the Bank
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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 of this judgment to the jurisdictional
police officer and retain proof of such service.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 23638/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BANK PASSBOOK OF
THE PETITIONER'S SAVINGS ACCOUNT,
HAVING ACCOUNT NO. 99909633893909
MAINTAINED IN THE HDFC BANK TIRUR
BRANCH. ISSUED BY THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF
THE COMMUNICATION GIVEN BY THE 1ST
RESPONDENT TO THE PETITIONER DATED
13.06.2025
