Kerala High Court
Prominent Enterprises Represented By ... vs The Bank Manager Idfc First Bank on 4 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 443 OF 2025 1
2025:KER:17983
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946
WP(C) NO. 443 OF 2025
PETITIONER:
PROMINENT ENTERPRISES REPRESENTED BY MANAGING
PARTNER-
AGED 25 YEARS
KP 10/389 POOLAVALLI, VELAMCODE JUNCTION,
VELAMCODE, KOZHIKODE(DIST.), TIBIN THAMPI, A SON OF
THAMPI ABRAHAM, PERUMCHIRAYIL HOUSE, VELAMCODE P.O,
KOZHIKODE(DIST.), PIN - 673580
BY ADVS.
V.S.MANSOOR
AKHIL BINOY
AHAMMED MIZWAR V.P.
RESPONDENT/S:
1 THE BANK MANAGER IDFC FIRST BANK
CALICUT BRANCH, GR FLR, SURVEY NO.87/1/3/6, EEPEES
ARCADE, YMCA CROSS RD, KASABA VILLAGE,
KOZHIKODE(DIST), PIN - 673001
2 THE BANK MANAGER AXIS BANK
THAMARASSERY BRANCH, V K HUSSAIN KUTTIHAJI
BUILDINGS KOZHIKODE WAYANAD ROAD THAMARASSERY
CHUNGAM , KOZHIKODE(DIST),, PIN - 673573
3 STATION HOUSE OFFICER, GAUTAM BUDH NAGAR CYBER
CRIME POLICE STATION
110A, B BLOCK, SECTOR 6, NOIDA, UTTAR PRADESH,
[ EMAIL:- [email protected]], PIN - 201301
WP(C) NO. 443 OF 2025 2
2025:KER:17983
4 STATION HOUSE OFFICER, NAGPUR CITY POLICE STATION
4. STATION HOUSE OFFICER, NAGPUR CITY POLICE
STATION, CBI COLONY, CIVIL LINES,NAGPUR,
MAHARASHTRA [EMAIL:- CYBERCELL-
[email protected] ], PIN - 440001
5 STATION HOUSE OFFICER, JUNA PADARA POLICE STATION
MAIN BAZAR, PADRA, VADODARA, GUJARAT, PIN - 391440
6 STATION HOUSE OFFICER RABINDRA SAROBAR POLICE
STATION
GARIAHAT FLYOVER, GOLPARK, HINDUSTAN PARK,
GARIAHAT, KOLKATA, WEST BENGAL, PIN - 700029
7 STATION HOUSE OFFICER URAL POLICE STATION
AKOLA, URAL BK., MAHARASHTRA, [ EMAIL:-
[email protected]], PIN - 44410
8 STATION HOUSE OFFICER CYBER CRIME DELHI POLICE
DARYAGANJ, NEW DELHI, DELHI, [ EMAIL:-
[email protected]], PIN - 110002
9 STATION HOUSE OFFICER HANUMANTHA NAGAR POLICE
STATION
KUPPALI PUTTAPPA POORNACHANDRA TEJASWI RD, ASHOK
NAGAR, BANASHANKARI 1ST STAGE, BANASHANKARI,
BENGALURU, KARNATAKA, [ EMAIL:-
[email protected]], PIN - 560050
10 STATION HOUSE OFFICER CHANNAPATNA RURAL POLICE
STATION
NATIONAL HIGHWAY 275, BM RD, CHANNAPATNA,
KARNATAKA, [ EMAIL:- [email protected]],
PIN - 571234
11 STATION HOUSE OFFICER RAJKOT CYBER CRIME POLICE
STATION
JAMNAGAR RD, NEAR RAJKOT URBAN DEVELOPMENT
AUTHORITY, POLICE HEAD QUARTER, RAJKOT, GUJARAT,
[ EMAIL:- [email protected]], PIN - 360001
12 STATION HOUSE OFFICER ANANTAPUR RURAL POLICE
STATION
KAMALANAGAR, ANANTAPUR, ANDHRA PRADESH, [ EMAIL:-
[email protected]], PIN - 515001
WP(C) NO. 443 OF 2025 3
2025:KER:17983
13 STATION HOUSE OFFICER DEOGHAR TOWN POLICE STATION
SHIV GANGA, COURT RD, NEAR BIG BAZAR, WILLIAMS
TOWN, DEOGHAR, JHARKHAND, [ EMAIL:- [email protected]],
PIN - 814112
BY ADVS. SRI.MADHU RADHAKRISHNAN
SRI.DEEPAK ASHOK KUMAR(K/1624/2018)
SC SRI B G BIDAN CHANDRAN
SC SRI PRADEESH CHAKO
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 443 OF 2025 4
2025:KER:17983
JUDGMENT
Dated this the 04th day of March, 2025
The writ petition is filed to direct the
respondents 1 and 2 banks to lift the freezing of the
petitioner's bank accounts bearing Nos.10201679602 and
924020038339854.
2. The petitioner is the holder of the above
two bank accounts with the respondents 1 and 2 banks.
The respondents 1 and 2 have freezed the petitioner's
bank accounts due to certain requisitions issued by the
police. The action of the respondents 1 and 2 is arbitrary.
Hence, this writ petition.
3. The 2nd respondent has filed a counter
affidavit denying the allegations in the writ petition. The
2nd respondent has contended that in addition to the
requisitions received from the respondents 3 to 13, the
petitioner has been operating the current account bearing
2025:KER:17983
No.924020038339854, in violation of the declarations
given by the petitioner. Even though the 2nd respondent
has asked the petitioner to submit certain documents to
substantiate the suspicious transactions that have been
conducted in the account, he has not produced the same.
Therefore, the writ petition may be dismissed.
4. Heard; the learned counsel appearing for
the petitioner and the learned counsel for the respondents
1 and 2. Even though notice has been served on the
respondents 3 to 13, there is no appearance for them.
5. The learned counsel appearing for the 1st
respondent submitted that, the disputed amount is
Rs.6,48,622/-. The learned counsel appearing for the 2 nd
respondent submitted that, the disputed amount is
Rs.53,617/-, in addition to the non-production of the
required documents. The said submission is recorded.
6. In considering an identical matter, this
Court in Dr.Sajeer v. Reserve Bank of India [2024 (1)
KLT 826] held as follows:
2025:KER:17983
" 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."
7. Subsequently, this Court in Nazeer K.T v.
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
2025:KER:17983
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 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 of receipt 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.
8. 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:
2025:KER:17983
(i). The respondents 1 and 2 Bank are directed
to confine the freezing order of the petitioner's
bank accounts only to the extent of the amounts
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 their accounts beyond the said
limit;
(ii). The Police Authorities are hereby
directed to inform the Banks 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 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;
(iv). If, however, no information or intimation
is received by the Banks 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 this Writ Petition are left
open and reserved to them, to impel in future;
(v). The jurisdictional police officers shall
inform the Banks 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 of the
Cr.P.C. is received by the Banks within two
2025:KER:17983
months of receipt of a copy of this judgment, the
Banks shall lift the debit freeze or remove the
lien, as the case may be, on the petitioner's
bank accounts;
(vi) In order to enable the Police to comply
with the above direction, the Banks, 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
NAB
2025:KER:17983
APPENDIX OF WP(C) 443/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE 1ST PAGE OF BANK
STATEMENT ISSUED TO THE PETITIONER BY THE
1ST RESPONDENT
Exhibit P2 A TRUE PHOTOCOPY OF THE 1ST PAGE OF THE
BANK STATEMENT ISSUED TO THE PETITIONER
BY THE 2ND RESPONDENT
Exhibit P3 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD-26/11/2024 RECEIVED BY THE
1ST RESPONDENT FROM 3RD RESPONDENT WITH
ACKNOWLEDGE NO. 23111240146998
Exhibit P4 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD-30/11/2024 RECEIVED BY THE
1ST RESPONDENT FROM 4TH RESPONDENT WITH
ACKNOWLEDGE NO. 31911240170903
Exhibit P5 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD-23/11/2024 RECEIVED BY THE
1ST RESPONDENT FROM 5TH RESPONDENT WITH
ACKNOWLEDGE NO. 31111240187449
Exhibit P6 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD-05/10/2024 RECEIVED BY THE
1ST RESPONDENT FROM 6TH RESPONDENT WITH
ACKNOWLEDGE NO. 23210240052046
Exhibit P7 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD-29/11/2024 RECEIVED BY THE
1ST RESPONDENT FROM 7TH RESPONDENT WITH
ACKNOWLEDGE NO. 31911240170041
Exhibit P8 A COMPUTER COPY OF THE EMAIL INTIMATION
SENT BY THE 1ST RESPONDENT TO THE
PETITIONER DATED 30/12/2024
Exhibit P9 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD- 15/11/2024, RECEIVED BY
THE 2ND RESPONDENT FROM 9TH RESPONDENT
WITH ACKNOWLEDGE NO. 31611240093961
2025:KER:17983
Exhibit P10 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD- 20/11/2024, RECEIVED BY
THE 2ND RESPONDENT FROM 10TH RESPONDENT
WITH ACKNOWLEDGE NO. 31611240096423
Exhibit P11 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD- 26/11/2024, RECEIVED BY
THE 2ND RESPONDENT FROM 3RD RESPONDENT
WITH ACKNOWLEDGE NO. 23111240146998
Exhibit P12 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD- 18/11/2024, RECEIVED BY
THE 2ND RESPONDENT FROM 11TH RESPONDENT
WITH ACKNOWLEDGE NO. 31111240184001
Exhibit P13 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD- 09/11/2024, RECEIVED BY
THE 2ND RESPONDENT FROM 12TH RESPONDENT
WITH ACKNOWLEDGE NO. 30211240025522
Exhibit P14 A COMPUTER COPY OF THE RELEVANT PAGES OF
COMPLAINT DTD- 15/11/2024, RECEIVED BY
THE 2ND RESPONDENT FROM 13TH RESPONDENT
WITH ACKNOWLEDGE NO. 33411240010008
RESPONDENT EXHIBITS
Exhibit R1(A) True copy of the letter issued by the 2nd
respondent to the petitioner dated
6/1/2025
