[Cites 4, Cited by 0]
Kerala High Court
Best Tours And Travels vs State Of Kerala on 13 February, 2026
2026:KER:13310
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 3477 OF 2026
PETITIONER:
BEST TOURS AND TRAVELS
OFFICE AT 09/62,1ST FLOOR,K K TOWER,PUZHAKKATTIRI,
MALAPPURAM, KERALA, REPRESENTED BY ITS PROPRIETOR
MOHAMMED DHEERAJ, AGED 43 YEARS, S/O PONNANGATHODI
MAMMU, PONNANGATHODI, MANNARAMBA, ARIPRA, VALAMBOOR,
ANGADIPPURAM ARIPRA, MALAPPURAM KERALA, PIN - 679321
BY ADVS.
KUM.GAYATHRI MURALEEDHARAN
SMT.ARCHANA B.
SHRI.AJIN K. KURIAKOSE
SMT.SRUTHILAKSHMI SHAJI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE HOME SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN - 695001
2 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNER HEAD OFFICE, MUMBAI,
MAHARASHTRA, PIN - 400029
3 HDFC BANK
PERINTHALMANNA MAIN BRANCH, SREE COMPLEX, CALICUT ROAD,
SHANTI NAGAR, PERINTHALMANNA, MALAPPURAM DIST., KERALA,
REPRESENTED BY ITS BRANCH MANAGER., PIN - 679322
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WP(C) NO. 3477 OF 2026
2
4 STATION HOUSE OFFICER
DODDAPETE POLICE STATION OPPOSITE SHIMOGA INSTITUTE OF
MEDICAL SCIENCES (SIMS), BENGALURU-HONNAVAR ROAD,
SHIVAMOGGA, SHIVAMOGGA DISTRICT, KARNATAKA,
PIN - 577202
5 STATION HOUSE OFFICER
POLICE COMMISSIONERATE LUCKNOW 4/10, SAPRU MARG,
HAZRATGANJ, LUCKNOW, UTTAR PRADESH, INDIA,
PIN - 226001
6 STATION HOUSE OFFICER
CYBER CRIME POLICE STATION VADODARA CITY AJWA ROAD,
NEAR AYURVEDIC 3 RASTA, JAY RANCHOD SOCIETY 3,
CHANDRANAGAR SOCIETY, SATYAM PARK SOCIETY, VADODARA ,
GUJARAT, PIN - 390019
7 STATION HOUSE OFFICER
CYBER CRIME POLICE STATION - NIZAMABAD (CCPS) CYBER
CRIME POLICE STATION, POLICE HEADQUARTERS / DISTRICT
POLICE COMPLEX, NIZAMABAD, TELANGANA, PIN - 503001
8 STATION HOUSE OFFICER
KOLATHUR POLICE STATION, KOLATHUR POST, MALAPPURAM DT,
KERALA, PIN - 679338
BY ADVS.
SMT.K.M.RASHMI, SR. GP.
SRI.PRADEESH CHACKO, SC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
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
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has received a Requisition from the Respondent No.6 for
an amount of Rs.87,311.27 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
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the same directions.
5. Accordingly, this Writ Petition is disposed of with the
following directions:
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.
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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.
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
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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.
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,
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shall be at the disposal of the jurisdictional Magistrate.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
mus
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APPENDIX OF WP(C) NO. 3477 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF REPLY INTIMATION PROVIDED
BY THE 3RD RESPONDENT BANK, DATED
18.01.2026
