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Kerala High Court
Sainul Abidin vs The Esaf Small Finance Bank on 23 January, 2026
WP(C) NO. 44804 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 44804 OF 2025
PETITIONER/S:
SAINUL ABIDIN
AGED 31 YEARS
S/O KUNJENTHU, THAYYIL, THEKKAN KUTTUR P.O, THALAKKAD
VILLAGE, MALAPPURAM, PIN - 676551
BY ADVS.
SRI.M.DEVESH
SRI.M.ANUROOP
SMT.JYOTHIS MARY
SHRI.MURSHID ALI M.
SMT.S.K.SREELAKSHMY
RESPONDENT/S:
1 THE ESAF SMALL FINANCE BANK
REPRESENTED BY ITS BRANCH MANAGER, TALAKKAD, NO. TP18/484-
A1, MAHAQUE TOWERS, B. P ANGADI P.O, MALAPPURAM DISTRICT.,
PIN - 676102
2 THE BRANCH MANAGER
ESAF SMALL FINANCE BANK, TALAKKAD, NO.TP18/484-A1, MAHAQUE
TOWERS, B. P ANGADI P.O, MALAPPURAM DISTRICT,, PIN - 676102
3 THE STATION HOUSE OFFICER
CHANDNU, BEMETARA, CHHATTISGARH, E-MAIL :SHO-
[email protected], PIN - 494335
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ADDL.R4 THE STATION HOUSE OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN-676101.
(ADDL. R4 IMPLEADED AS PER ORDER DATED 7/1/2026 IN
I.A.1/2025 IN WP(C)44804)
BY ADVS.
SRI.B.S.SURESH KUMAR
SRI.ASHLEY JOHN
SMT.RANJANA V.
SHRI.JAISON MATHEW
SRI.TONY AUGUSTINE, G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 44804 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
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No.3, is Rs.2,000/-, and accordingly, the Bank has effected the
same.
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:
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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.
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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.
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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
Shg/
WP(C) NO. 44804 OF 2025
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APPENDIX OF WP(C) NO. 44804 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER FROM THE 1ST RESPONDENT
BANK DATED 12.11.2025
Exhibit P2 TRUE COPY OF THE COMMUNICATION FROM THE BANK DATED
21-11-2025
