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Blue Star Aluminium & Door House ... vs The Federal Bank Ltd , Represented By Its ...
2026 Latest Caselaw 1308 Ker

Citation : 2026 Latest Caselaw 1308 Ker
Judgement Date : 6 February, 2026

[Cites 4, Cited by 0]

Kerala High Court

Blue Star Aluminium & Door House ... vs The Federal Bank Ltd , Represented By Its ... on 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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