[Cites 4, Cited by 0]
Kerala High Court
New Taj Enterprises vs Branch Manager South Indian Bank, ... on 14 January, 2026
2026:KER:2809
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. 41811 OF 2025
PETITIONER:
NEW TAJ ENTERPRISES
AGED 63 YEARS
LOCATED AT 18/93, DOWN HILL,
MALAPPURAM REPRESENTING THROUGH ITS DULY AUTHORIZED
REPRESENTATIVE / LICENSEE/PROPRIETOR,
MR P ADAM RESIDING AT PALAKKAL HOUSE,
MALAPPURAM, PIN - 676509
BY ADVS.
SHRI.ASHISH ANTONY FRANCIS
SHRI.C.M.HARIKRISHNAN
SHRI.MUHAMMAD BIN MUHAMMAD NISSAR
RESPONDENTS:
1 BRANCH MANAGER SOUTH INDIAN BANK,
MALAPPURAM BRANCH
PARY SHOPPING COMPLEX, DOWNHILL,
MALAPPURAM,
KERALA,
PIN - 676519
2 THE SHO, TELEGANA CYBER SECURITY BUREAU
2&3RD FLOOR,
TOWER B,
COMMAND AND CONTROL CENTRE TELANGANA POLICE,
BHAVANI NAGAR,
BANJARA HILLS,
HYDERABAD,
TELANGANA,
PIN - 500034
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WP(C) No.41811 OF 2025
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3 THE SHO, MALAPPURAM POLICE STATION
FEROKH PALAKKED HIGHWAY,
ANNUNNIPARAMBU, UP HILL,
MALAPPURAM, KERALA 676505
(ADDL R3 MPLEADED AS PER ORDER DATED 15.12.2025 IN IA
1/25 IN WP(C) 41811/25)
BY ADVS.
SHRI.SUNIL SHANKER
SMT.VIDYA GANGADHARAN
OTHER PRESENT:
SMT.K.M.RESHMI, SR.GP
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.41811 OF 2025
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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 Standing Counsel for the Respondent/Bank, after
getting instructions from the Bank, confirmed that the lien
marked amount, as per the Requisition from the Respondent
No.2, is Rs.20,000/-, and accordingly, the Bank has effected
the same.
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WP(C) No.41811 OF 2025
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:
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
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WP(C) No.41811 OF 2025
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.
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.
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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.
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.
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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. 41811 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF LICENSE DATED
27.05.2024 ISSUED FROM MALAPPURAM
MUNICIPALITY
Exhibit P2 TRUE COPY OF THE MONTHLY ACCOUNT STATEMENT OF
THE PETITIONER'S COMPANY ACCOUNT IN THE MONTH
OF DECEMBER 2023
Exhibit P3 TRUE COPY OF THE LATEST ACCOUNT STATEMENT OF
THE PETITIONER IN THE MONTH OF AUGUST
Exhibit P4 TRUE COPY OF A NOTICE DATED 12.09.2025 ISSUED
BY FIRST RESPONDENT
Exhibit P5 TRUE COPY OF THE REPRESENTATION EMAIL DATED
09.10.2025 SENT TO THE FIRST RESPONDENT BANK
Exhibit P6 A TRUE COPY OF THE RULING PASSED BY THIS
HON'BLE COURT IN NAZEER K.T.V. MANAGER,
FEDERAL BANK, MAKKARAPARAMBA BRANCH REPORTED
IN 2024 KHC ONLINE 768
