[Cites 4, Cited by 0]
Kerala High Court
The Miyapadavu Service Co Operative ... vs National Cyber Crime Reporting Portal on 14 January, 2026
2026:KER:2801
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 14TH DAY OF JANUARY 2026 / 24TH POUSHA, 1947
WP(C) NO. 292 OF 2026
PETITIONER:
THE MIYAPADAVU SERVICE CO OPERATIVE BANK LTD
NOC,328,P.O.MIYAPADAVU,
MANJESHWAR, KASARGODE,
REPRESENTED BY ITS SECRETARY,
PIN - 671323
BY ADVS.
SMT.SAKEENA BEEGUM
SMT.M.V.ASHA BINDU
RESPONDENTS:
1 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS DIRECTOR,
NATIONAL HIGHWAY - 8,
MAHIPALPUR,
NEW DELHI,
PIN - 110037
2 STATION HOUSE OFFICER
CYBER CRIME POLICE STATION,
THIRUVANANTHAPURAM CITY,
PTC BUILDINGTHYCAUD,
THIRUVANANTHAPURAM,
PIN - 695014
3 NODAL OFFICER
THE KERALA STATE CO OPERATIVE BANK(KERALA BANK),
HOSSANGADY BRANCH,
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WP(C) No.292 OF 2026
2
MANJESHWAR,
KASARGODE,
PIN - 671323
4 STATION HOUSE OFFICER
MANJESHWAR POLICE STATION,
MANJESHWAR,
KASARGODE,
PIN - 671323
BY ADVS.
SMT.ANJU DIVAKAR, CGC
SHRI.M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ORDERS ON
14.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.292 OF 2026
3
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 Standing Counsel for the Respondent/Bank,
after getting instructions from the Bank, submitted that
the lien marked amount, as per the Requisition from the
Respondent No.2, is Rs.7,100/-, and accordingly, the
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WP(C) No.292 OF 2026
Bank has effected the same. The learned Government
Pleader for the Respondent No.2 confirmed the
Requisition. Ext.P1 Notice issued by the Respondent
No.2 to the Respondent/Bank also shows Rs.7,100/- as
the Requisition amount.
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.
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WP(C) No.292 OF 2026
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.
iii) On the Bank receiving the aforesaid information/intimation
from the Police Authorities, the Bank will adhere to it and
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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
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.
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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,
shall be at the disposal of the jurisdictional Magistrate.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
sms
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APPENDIX OF WP(C) NO. 292 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 16/8/2025
ISSUED BY THE 2ND RESPONDENT
