Kerala High Court
Geogy Mathew vs State Of Kerala on 7 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.755 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(CRL.) NO. 755 OF 2025
PETITIONER(S):
GEOGY MATHEW
AGED 67 YEARS
S/O MATHEW VARGHESE, THATTACHERRY HOUSE,
MALLIKASSERY P.O, KOTTAYAM DISTRICT,KERALA,
PIN - 686577
BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
SHRI. RALPH RETI JOHN
SHRI.VISHNU CHANDRAN
SHRI.GIRIDHAR KRISHNA KUMAR
SMT.GEETHU T.A.
SMT.MARY GREESHMA
SMT.LIZ JOHNY
SMT.KRISHNAPRIYA SREEKUMAR
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 MANAGER, STATE BANK OF INDIA
P.B.NO.1, KUNNAPPALLIL BUILDING, PAIKA, POOVARANY,
KOTTAYAM DISTRICT, KERALA,
PIN - 686577
3 HARI KISHORE KUSUMKAR
W.P.(Crl.).No.755 of 2025
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ADG AND IGP, CYBER CRIME WING, SMART CONNECT,
ACTION AREA-11, 7TH ROTARY, NEW TOWN, WEST BENGAL,
PIN - 700161
BY ADVS.
P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.755 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.755 of 2025
-------------------------------
Dated this the 07th day of July, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the
following reliefs:
"1. Issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondents to forthwith de-freeze the petitioner's
Savings Bank Account No. 57039724891 maintained
with the State Bank of India, Poovarani Branch, except
to the extent of ₹1,50,000/- which the petitioner is
willing to keep under hold pending the outcome of the
investigation;
2. Issue a writ of mandamus or any other
appropriate writ, order, or direction directing the
Investigating Officer, Cyber Cell, South Suburban
Division, Kolkata Police, West Bengal, to consider the
petitioner's representation dated 26.03.2025 and take
appropriate steps, including partial defreezing of the
petitioner's SBI Savings Bank Account No.
57039724891, to the extent of the undisputed amount,
in accordance with law and within a time frame as may
be fixed by this Hon'ble Court;
3. Pass any writ , orders or directions as may
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be required in the matter."[SIC]
2. When this Writ petition (Crl.) came up for
consideration before this Court on 19.06.2025, this Court
passed the following order:
"Admit.
The learned Public Prosecutor takes notice for
1st respondent.
Adv.M.Jithesh Menon, Standing Counsel takes
notice for 2nd respondent.
Issue urgent notice by Speed post to the 3rd
respondent.
Petitioner will also take notice to the 3rd
respondent through email in consultation with the
Registry.
There will be a direction to defreeze the
petitioner's savings account No. 57039724891
maintained with State Bank of India, Poovarani Branch,
after keeping lien on an amount of Rs. 1,50,000/-
based on the request of the 3rd respondent.
Post immediately after service is complete."
3. Today, when the matter came up for
consideration, the Public Prosecutor submitted that, another
amount of Rs.10,900/- (Rupees Ten thousand nine hundred
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only) is also to be retained because another complaint is also
pending. After retaining a total amount of Rs.1,60,900/-
(Rupees One lakh sixty thousand nine hundred only), the
account can be de-freezed. I think the same can be allowed.
4. This Court considered a similar issue in the
judgment in W.P.(C) No.28524 of 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 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.
5. The facts involved in W.P.(C) No.28524 of
2024 and this writ petition are similar. In the circumstances,
the writ petition is disposed of with the following directions.
(i) The 2nd respondent-Bank is directed to confine the
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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;
(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.
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(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 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
officer and retain proof of such service.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF WP(CRL.) 755/2025
PETITIONER EXHIBITS
EXHIBIT-A A TRUE COPY OF THE SBI SAVINGS BANK
ACCOUNT STATEMENT OF THE PETITIONER
REFLECTING THE NEFT TRANSFER BY
MR.VINOTHKUMMAR
EXHIBIT-B A TRUE COPY OF THE EMAIL RECEIVED FROM
SBI DATED 23.09.2024
EXHIBIT-C A TRUE COPY OF THE EMAIL DATED
25.03.2025 SENT TO ADG AND IGP OF CYBER
CRIME WING, WEST BENGAL
EXHIBIT-D A TRUE COPY OF THE POSTAL RECEIPT
BEARING RECEIPT NUMBER RL018308928IN
FROM INDIA POST AND THE ACKNOWLEDGMENT
SLIP
EXHIBIT-E A TRUE COPY OF THE POSTAL RECEIPT
BEARING RECEIPT NUMBER RL018308914IN AND
THE ACKNOWLEDGMENT SLIP
EXHIBIT-F A TRUE COPY OF THE POSTAL RECEIPT
BEARING RECEIPT NUMBER RL018308931IN
EXHIBIT-G A TRUE COPY OF THE POSTAL RECEIPT
BEARING RECEIPT NUMBER RL018308945IN
EXHIBIT-H A TRUE COPY OF THE EMAIL DATED
07.04.2025, SENT BY THE SUPERINTENDENT
OF POLICE,CYBER CELL WING, WEST BENGAL
