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Kerala High Court
Anjumoni Mili Chutiya vs State Of Kerala on 14 January, 2026
WP(C) NO. 40352 OF 2025 2026:KER:2909
1
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. 40352 OF 2025
PETITIONER:
ANJUMONI MILI CHUTIYA
AGED 28 YEARS
D/O MANIK CHUTIA, LATHIYA GAON, LATHIASUMARI,
DHEMAJI, ASSAM, PIN - 787034
BY ADVS.
SHRI.MOHAMMED NIHAD
SHRI.P.K.NAUSHAD
SMT.SIMRAN
SHRI.NITHEESH.M
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 STATION HOUSE OFFICER
AREEKODE POLICE STATION, MALAPPURAM, KERALA,
PIN - 673639
3 IDFC FIRST BANK - KOLKATA
REPRESENTED BY ITS BRANCH MANAGER, SALT LAKE SECTOR 2
BRANCH, BH-20, GROUND FLOOR, BUS STAND, NEAR KATHGOLA,
BH BLOCK, SECTOR II, BIDHANNAGAR, KOLKATA, WEST BENGAL,
PIN - 700091
OTHER PRESENT:
SRI.TONY AUGUSTINE, GP
WP(C) NO. 40352 OF 2025 2026:KER:2909
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 40352 OF 2025 2026:KER:2909
3
JUDGMENT
Dated this the 14th day of January, 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. In spite of service of notice to the Respondent/Bank,
there is no appearance for the Respondent/Bank. The
learned Government Pleader for the Respondent No.2
submitted that the Requisition made by the Respondent
No.2 for marking lien on the account of the Petitioner
WP(C) NO. 40352 OF 2025 2026:KER:2909
mentioned in the Writ Petition is for an amount of
Rs.3,500/-. Taking into account the submission of the
learned Government Pleader, I take the lien marked
amount for the purpose of this Writ Petition as Rs.3,500/-.
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:
WP(C) NO. 40352 OF 2025 2026:KER:2909
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.
WP(C) NO. 40352 OF 2025 2026:KER:2909
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.
WP(C) NO. 40352 OF 2025 2026:KER:2909
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
ANB
WP(C) NO. 40352 OF 2025 2026:KER:2909
APPENDIX OF WP(C) NO. 40352 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BANK ACCOUNT
STATEMENT OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE COMPLAINT DETAILS GIVEN
BY THE RESPONDENT NO.2
