Kerala High Court
Arif Kamal Thallachery vs Yes Bank Represented By Bank Manager on 4 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:39131
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(C) NO. 8530 OF 2025
PETITIONER:
ARIF KAMAL THALLACHERY
AGED 36 YEARS
SON OF ASSAIN, THALLACHERY, THALLACHERY HOUSE,
MADAVOOR, KOZHIKODE(DIST), PIN - 673585
BY ADVS.
SRI.V.S.MANSOOR
SRI.AKHIL BINOY
SHRI.AHAMMED MIZWAR V.P.
RESPONDENTS:
1 YES BANK REPRESENTED BY BANK MANAGER
THIRUVALLA BRANCH, GROUND FLOOR, KALEEKKAL,
VADAKKETHIL P.O, MUTHOOR, THRUVILLA,
PATHANAMYTHITTA (DIST), PIN - 689107
2 AXIS BANK LTD.
REPRESENTED BY BANK MANAGER
THAMARASSERY BRANCH, V K HUUSAIN KUTTY HAJI
BUILDINGS, KOZHIKODE WAYANAD ROAD, THAMARASSERY,
CHUNGAM, KOZHIKODE DISTRICT, PIN - 673573
3 FEDERAL BANK, REPRESENTED BY BANK MANAGER
KODUVALLY BRANCH, IRIS TOWER, KODUVALLY,
KOZHIKODE DISTRICT, KERALA, PIN - 673572
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WP(C) No.8530 of 2025
2
4 INDUSIND BANK REPRESENTED BY BANK MANAGER
KARAPARAMBA BRANCH, GROUND FLOOR AND FIRST FLOOR,
NRM ARCADE, BALUSSERY ROAD, KARAPARAMBA,
KOZHIKODE DISTRICT, PIN - 673010
5 STATION HOUSE OFFICER,
TENALI II TOWN POLICE STATION
NEAR BUS STAND, GUNGANAMMA PETTA, TENALI,
GUNTUR DISTRICT, ANDHRA PRADESH
[EMAIL: - [email protected] ],
PIN - 522201
6 STATION HOUSE OFFICER,
DELHI WEST CYBER POLICE STATION
SECOND FLOOR, HARI NAGAR POLICE STATION, DELHI,
[EMAIL: - [email protected] ],
PIN - 110064
7 STATION HOUSE OFFICER, MANDUADEEH CYBER POLICE
VARUNA- COMMISSIONERATE VARANAS, UTTAR PRADESH,
PIN - 221002
8 STATION HOUSE OFFICER,
LUDHIANA CYBER CRIME POLICE STATION
THE COMMISSIONER OF POLICE,
BHAI RANDHIR SING NAGAR, LUDHINA,
PUNJAB, PIN - 141012
9 ASSISTANT POLICE INSPECTOR,
HINJWADI POLICE STATION
PIMPARI CHINCHWAD POLICE COMMISSIONERATE PHASE 1,
HINJWADI RAJIV GANDHI INFOTECH PARK, HINJWADI,
PIMPRI-CHINCHWAD, MAHARASHTRA,
[EMAIL: -PSHINJEWADI.PCPC[email protected]] PIN - 411057
10 STATION HOUSE OFFICER,
ROHTAK CYBER CRIME POLICE STATION SECTOR 14,
ROHTAK, HARYANA, [EMAIL: SP-CYBERCRIMEPHQ@POL.
HRY.GOV.IN ], PIN - 124001
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WP(C) No.8530 of 2025
3
11 STATION HOUSE OFFICER,
VARANASI RANGE CYBER CRIME POLICE STATION
PANDIT DINDAYAL HOSPITAL ROAD, TAJPUR, VARANASI,
UTTAR PRADESH [EMAIL: [email protected] ],
PIN - 221002
12 STATION HOUSE OFFICER, AMBERPET POLICE STATION
NEAR SREE RAMANA X ROAD, NEAR SLADANA
GATE OF SAR/CPL, HYDREBAD, TELANGANA
[EMAIL: [email protected] ],
PIN - 500013
BY ADV.
SRI.K.K.SUBEESH
SRI. DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.8530 of 2025
4
JUDGMENT
Dated this the 4th day of June, 2025
The writ petition has been filed seeking to direct the
respondents to forthwith defreeze the Bank Account
Nos.052890400008162, 921010015492468, 10592100558596
and 159539600000 of the petitioner.
2. The petitioner is the holder of the said Bank
Accounts with respondents 1 to 4 respectively. The petitioner
states that the respondents have frozen the petitioner's Bank
Accounts pursuant to the requisition received from respondents
5 to 12. 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 accounts was taken due to
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doubtful transactions perhaps involving cyber crime. The
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 and the learned Standing Counsel appearing for
respondents 1 to 4.
5. 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 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
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petition with directions.
6. 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) Respondents 1 to 4 are directed to
confine the freezing order of the Bank
Accounts 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 Accounts
beyond the said limit;
(ii) The police authorities are directed to
inform the Bank as to whether freezing of the
petitioner's Accounts 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
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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 Accounts 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
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Accounts;
(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
spk
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APPENDIX OF WP(C) 8530/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE 1ST PAGE OF
ACCOUNT STATEMENT IN RESPECT OF ACCOUNT
NO: 052890400008162 ISSUED BY 1ST
RESPONDENT TO THE PETITIONER
Exhibit P2 A TRUE COMPUTER COPY OF THE ACCOUNT
DETAILS IN RESPECT OF ACCOUNT NO:
921010015492468
Exhibit P3 A TRUE PHOTOCOPY OF THE 1ST PAGE OF
BANKING STATEMENT OF THE PETITIONER
ISSUED BY 3RD RESPONDENT IN RESPECT OF
ACCOUNT NO: 10592100558596
Exhibit P4 A TRUE COPY OF FIRST PAGE OF ACCOUNT
STATEMENT OF ACCOUNT NO. 159539600000
ISSUED TO THE PETITIONER
Exhibit P5 A TRUE PHOTO COPY OF RELEVANT PAGES OF
COMPLAINT WITH ACKNOWLEDGEMENT NO:
30212240027022 RECEIVED BY THE 1ST
RESPONDENT FROM 5TH RESPONDENT
Exhibit P6 A TRUE PHOTO COPY OF RELEVANT PAGES OF
COMPLAINT WITH ACKNOWLEDGEMENT NO:
30812240058041 RECEIVED BY THE 1ST
RESPONDENT FROM 6TH RESPONDENT
Exhibit P7 A TRUE PHOTO COPY OF INTIMATION ISSUED
BY 2ND RESPONDENT TO THE PETITIONER,
WITH REGARD TO THE FREEZING OF HIS
ACCOUNT PURSUANT TO THE NOTICE OF 7TH
RESPONDENT DATED 02/11/2023
Exhibit P8 A TRUE PHOTO COPY OF RELEVANT PAGES OF
COMPLAINT WITH ACKNOWLEDGEMENT NO:
23108230072939 RECEIVED BY THE 2ND
RESPONDENT FROM 7TH RESPONDENT
Exhibit P9 A TRUE PHOTO COPY OF INTIMATION ISSUED
BY 3RD RESPONDENT TO THE PETITIONER,
WITH REGARD TO THE FREEZING OF HIS
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ACCOUNT PURSUANT TO THE NOTICE OF
RESPONDENT NOS. 8,9,10 AND 11, DATED
16/01/2025
Exhibit P10 A TRUE COPY OF RELEVANR PAGES OF
COMPLAINT DETAILS HAVING
ACKNOWLEDGEMENT NO. 33703240016142
