Kerala High Court
Razak vs The Federal Bank on 19 September, 2025
2025:KER:70133
WP(C) NO. 27849 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
WP(C) NO. 27849 OF 2025
PETITIONER/S:
RAZAK.
AGED 57 YEARS
S/O MARIYAM, KOLLANTAVIDA, ALFATHAH, PAYYOLI, BEACH ROAD,
PAYYOLI, KILUR, MELADI, KOZHIKODE DISTRICT., PIN - 673522
BY ADVS.
SHRI.JASNEED JAMAL
SRI.P.SAMSUDIN
SMT.LIRA A.B.
SMT.DEVIKA E.D.
RESPONDENT/S:
1 THE FEDERAL BANK
PAYYOLI BRANCH, REPRESENTED BY ITS BRANCH MANAGER,
SUNSHINE COMPLEX, OPP. TELEPHONE EXCHANGE, PAYYOLI,
KOZHIKODE DISTRICT, KERALA., PIN - 673522
2 THE BRANCH MANAGER
FEDERAL BANK, PAYYOLI BRANCH SUNSHINE COMPLEX, OPP.
TELEPHONE EXCHANGE, PAYYOLI, KOZHIKODE DISTRICT, KERALA.,
PIN - 673522
3 THE INSPECTOR OF POLICE
BANGALORE CITY SOUTH - CEN CRIME POLICE STATION,
BENGALURU URBAN DISTRICT, BENGALURU, KARNATAKA, EMAIL:
[email protected], PIN - 560001
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WP(C) NO. 27849 OF 2025
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4 THE INSPECTOR OF POLICE
JAWAHARNAGAR POLICE STATION, RACHAKONDA, CHENNAPURAM X
ROAD, PANALLLA RD, AMBEDKAR NAGAR, SECUNDERABAD,
TELANGANA. EMAIL: [email protected]., PIN -
500083
SC-FEDERAL BANK- SRI. MOHAN JACOB GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 19th day of September, 2025
The petitioner holds an account with the 1st respondent Bank at
its Payyoli Branch. He has approached this Court, aggrieved by
the freezing of the said account. The petitioner was informed by
the Bank that the action was taken based on instructions received
from various police authorities. Ext.P1 is a communication issued
to the petitioner by the Bank. On 30.07.2025, an interim order was
passed directing that the marking of lien/freezing, if any, shall be
confined to an amount of Rs.1,68,000/. The order was passed
based on the submission made by the Standing Counsel for the
Bank, who stated that the account had not been frozen, but that a
lien had been marked for an amount of Rs. 1,68,000/-, pursuant to
a requisition received from respondents 3 and 4.
2.The learned Standing counsel appeared for respondents
Nos.1 and 2. Notice was issued to the respondent police authority
(respondents 3 and 4) by speed post and also by e-mail as provided
under Rule 51(3) of the Rules of the High Court of Kerala, granting
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WP(C) NO. 27849 OF 2025
sufficient time to respond. However, there is no appearance for
them.
3.The learned Standing counsel for the Bank reiterated that the
total amount involved is Rs.1,68,000/- and a requisition was
received from respondents 3 and 4. She further submitted that
there are no other requisitions received from any other police
authorities with respect to the amount mentioned above.
4.As there is no appearance for the respondents 3 and 4
despite service of notice, I hence dispose of the writ petition with
the following directions:
(i) The 1st respondent Bank is directed to confine the
freezing of the petitioner's bank account only to
the extent of the amount mentioned in the
order/requisition issued by the Police Authorities.
This shall be done forthwith, so as to enable the
petitioner to transact through his account beyond
the said limit;
(ii) The Police Authorities concerned are hereby
directed to inform the Bank as to whether freezing
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of the petitioner's account will be required to be
continued even in the aforesaid manner; and if so,
for how long;
(iii) On the Bank receiving the aforesaid
information/intimation from the Police
Authorities, they shall comply with it and
complete necessary action - either continuing the
freezing or lien for such period as mentioned
therein; or withdrawing it, as the case may be;
(iv) The police officers concerned shall inform the
Bank whether the seizure of the amount in 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 106 of the BNSS 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
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WP(C) NO. 27849 OF 2025
the petitioner's bank account;
(v) 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 police officer concerned and
retain proof of such service.
5. It is clarified that the police authority concerned shall be
at liberty to approach this Court to seek review of this judgment
if required.
6.The respondent Bank is not precluded from freezing or
imposing lien on the petitioner's account on receipt of any
subsequent requests/ orders from any law enforcing agencies or
courts.
The writ petition is ordered accordingly.
Sd/-
S.MANU
JUDGE
SJ
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WP(C) NO. 27849 OF 2025
APPENDIX OF WP(C) 27849/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 13/11/2024 FROM
RESPONDENT BANK
