Citation : 2026 Latest Caselaw 1308 Ker
Judgement Date : 6 February, 2026
2026:KER:10646
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
WP(C) NO. 43123 OF 2025
PETITIONER
BLUE STAR ALUMINIUM & DOOR HOUSE
REPRESENTED BY ITS PROPRIETOR MR VEERAN KUTTY
AGED 51 YEARS,
S/O MUHAMMED, RESIDING AT MASSIKKAL, CHELAKODE,
THRISSUR DISTRICT, KERALA,
PIN - 680587
BY ADVS.
SHRI.MUHAMMED ZAIN SHABEER P.P.
SHRI.SHIBU BABU
SHRI.ANISH M.M
SHRI.ARUN KUMAR C.S.
SHRI.RIYAS B.S.
SMT.DHANYA PALAN
SRI.VIMAL KUMAR.A.V.
SHRI.MUHAMMADALI MANEKKATHODI
RESPONDENTS
1 THE FEDERAL BANK LTD,
REPRESENTED BY ITS AUTHORIZED OFFICER
CHERUTHURUTHY BRANCH, GROUND FLOOR,
SREEHARI ARCADE, CHERUTHURUTHY, THRISSUR DISTRICT,
KERALA,
PIN - 679531
2 ADDITIONAL DIRECTOR GENERAL OF POLICE,
MAHARASHTRA STATE CYBER, 102 & 103, SECTOR 2,
MILLENIUM BUSINESS PARK, MAHAPE, NAVI MUMBAI,
MAHARASHTRA EMAIL : [email protected],
2026:KER:10646
WPC No.43123 of 2025
2
[email protected],
PIN - 400710
ADDL.R3 STATION HOUSE OFFICER, MAHARASHTRA STATE CYBER
102 & 103, SECTOR 2, MILLENIUM BUSINESS PARK,
MAHAPE, NAVI MUMBAI, MAHARASHTRA
PIN-400710
ADDL.R4 STATION HOUSE OFFICER, CHERUTHURUTHY POLICE
STATION
CHERUTHURUTHY PO, THRISSUR CITY, KERALA,
PIN-679531
ADDL.R5 STATE OF KERALA,
REPRESENTED BY ITS GOVERNMENT PLEADER,
HIGH COURT OF KERALA, ERNAKULAM-682035
(ADDL.R3 TO ADDL.R5 ARE IMPLEADED IN W.P.(C)
43123/2025 AS PER ORDER DATED 15.12.2025 IN IA
1/2025 )
OTHER PRESENT:
SRI.MOHAN JACOB GEORGE, SC, SMT.K.M.RASHMI, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:10646
WPC No.43123 of 2025
3
JUDGMENT
Dated this the 6th day of February, 2026
1. The Petitioner has filed this Writ Petition challenging the
debit freezing/lien of his Bank account with the
Respondent/Bank at the requisition of the Police
Authorities. The case of the Petitioner is that the
Petitioner is not an accused in the Crime registered by
the Police authorities against some other persons, in
which the requisition was made; that the Petitioner is in
no way connected with the said Crime; and that the
debit freezing/lien of the account is in violation of
Sections 106 & 107 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS) and Article 300A of the
Constitution of India.
2. The learned Counsel for the Respondent/Bank, after
getting instructions from the Bank, confirmed that the
Bank has received a Requisition from the Respondent 2026:KER:10646
No.3 for an amount of Rs.3,000/- for debit freezing of
the account of the Petitioner mentioned in the Writ
Petition, and hence, the Bank has effected debit
freezing of the account of the Petitioner.
3. The issue is covered by the decisions of this Court in Dr.
Sajeer v. Reserve Bank of India [2024 (1) KLT 826], Nazeer K.T.
v. Manager, Federal Bank, Makkaraparamba Branch [2024 KHC
768] and Abhiraj Rajan v. State of Kerala [2025 KHC 1676].
4. This Court has been consistently issuing the directions
contained in the aforesaid decisions with two other
directions for effecting uncommunicated/further
requisitions for debit freeze/lien and making the frozen
amount at the disposal of the jurisdictional Magistrate's
Court. This Writ Petition is to be disposed of,
incorporating the same directions.
5. Accordingly, this Writ Petition is disposed of with the
following directions:
2026:KER:10646
i) The Respondent/Bank is directed to confine the order of
freeze/lien against the account of the Petitioner only to the
extent of the amounts mentioned in the orders/requisitions
issued to the Bank by the Police Authorities, and it shall be
done forthwith so as to enable the Petitioner to deal with his
account and transact therein beyond that limit.
ii) The respondents - Police Authorities concerned are hereby
directed to inform the Bank as to whether freezing/lien of the
account of the Petitioner will require to be continued even in
the aforesaid 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.
iii) On the Bank receiving the aforesaid information/intimation
from the Police Authorities, the Bank will adhere to it and
complete necessary action - either continuing the freeze/lien
for such period as mentioned therein; or withdrawing it, as
the case may be.
2026:KER:10646
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 his contentions in the Writ Petitions are left open and
reserved to him, to impel in the future.
v) The Police Officer concerned 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. (Section 106 BNSS) is informed to the Bank within
three months of receipt of a copy of the judgment, the Bank
shall lift the freeze/lien imposed on the Petitioner's 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 officer concerned and
retain proof of such service.
2026:KER:10646
vii) The directions of this Court in this judgment will not stand in
the way of the Bank effecting freezing/lien based on the
requisitions communicated in the future to the Bank with
respect to the same account of the Petitioner, and in such
case, the Petitioner will be at liberty to challenge the same.
viii) The frozen/lien amount, if any, lying in the account of the
Petitioner in accordance with the aforementioned directions,
shall be at the disposal of the jurisdictional Magistrate.
Sd/-
M.A.ABDUL HAKHIM JUDGE
Cak 2026:KER:10646
APPENDIX OF WP(C) NO. 43123 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF BANK ACCOUNT STATEMENT ISSUED BY 1ST RESPONDENT DATED ON 01.10.2025 EXHIBIT P2 TRUE COPY OF COMMUNICATION / INSTRUCTIONS RECEIVED FROM 1ST RESPONDENT HIGHLIGHT THE REASON OF DISPUTED TRANSACTION AND LEAD TO DEBIT FREEZE DATED ON 28.10.2025 EXHIBIT P3 TRUE COPY OF LICENSE ISSUED TO PETITIONER BY VALLATHOL NAGAR GRAMA PANCHAYAT DATED ON 03.06.2025
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