[Cites 2, Cited by 0]
Kerala High Court
M/S Team Fourty Six Represented By Its ... vs Kerala Gramin Bank, Amballur Branch ... on 27 March, 2026
WP(C) NO. 34872 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WP(C) NO. 34872 OF 2025
PETITIONER:
M/S TEAM FOURTY SIX REPRESENTED BY ITS PROP.
MANU MANOJ P
AGED 31 YEARS
8/246B, CHENGALLUR, CHENGALLUR P.O,
THRISSUR - 680 312,
REPRESENTED BY ITS PROP. MANU MANOJ P,
S/O MANOJ P.P., PALATTUPARAMBATH HOUSE,
CHENGALOOR, NIRMATHI, CHENGALLOOR P.O,
THRISSUR - 680 312
BY ADVS.
SHRI.SHINTO THOMAS
SRI.RAM VINAYAK
SHRI.MOHAMED ASLAM V.P.
SHRI.RAJKIRAN C.M.
SMT.SONA VIJAYAN K.
SMT.FEBA ANN BENSON
RESPONDENTS:
1 KERALA GRAMIN BANK, AMBALLUR BRANCH REPRESENTED
BY ITS BRANCH MANAGER
SREEKRISHNA BUILDING, AMBALLUR JUNCTION,
PUDUKKAD.P.O, THRISSUR DT,
PIN - 680301
2 POLICE INSPECTOR, NALASPORA POLICE STATION
ADD. NALASOPARA (E). PALGHAR DIST.,
PIN - 401203
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3 ADDL.R3: STATION HOUSE OFFICER,
PUDUKAD POLICE STATION, NH 47, PUDUKAD, NEAR
KURUMALI TEMPLE, PIN 680 301, THRISSUR (DT.).
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED
12.01.2026 IN IA NO.2/2025 IN WP(C)
NO.34872/2025).
SRI.TONY AUGUSTINE,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2026, 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. In spite of service of notice to the Respondent No.2,
there is no appearance for the Respondent No.2. The
learned Counsel for the Respondent/Bank, after
getting instructions from the Bank, confirmed that the
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Bank has received the Requisition from the
Respondent No.2 for debit freezing of the account of
the Petitioner mentioned in the Writ Petition. It is
submitted that the disputed amount is not stated in
the Requisition. 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]. This Court has been consistently issuing
the directions to the effect that the Bank is to permit
the account holder to operate his account, limiting the
lien to the amounts shown in the Requisitions
received by the Bank so long as the Bank does not
have any suspicion that the account is used for any
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financial cybercrime activities or money mule
activities, making the frozen/lien marked amount at
the disposal of the jurisdictional Magistrate's Court.
4. Recently, the Indian Cyber Crime Co-Ordination
Centre of the Ministry of Home Affairs of the
Government of India has formulated an SOP for
NCRP - CFCFRMS, Custody, Restoration of
Money and Grievance Redressal 2026 to
establish a fair and transparent system that
prescribes a uniform process to be followed by all the
Participating Entities. The SOP includes procedures
to prevent misuse of the system of putting on hold an
amount, seizure of an account and any property to
help the victims of Cyber-Enabled Financial Crimes
(CEFC), and to give interim custody of the amount to
the victim and restoration of such property while
ensuring accountability of all the participants for their
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action and inaction and providing avenues for time-
bound grievance redressal for parties affected by
actions taken based on information provided by the
system. It is intended that States and UTs, working
with other Participating Entities, follow the SOP and
are successful in preventing defrauded money from
leaving the financial system, giving interim custody
and restoration of the amount to the victim, and, in the
process, help create a cybercrime-resilient financial
ecosystem.
5. Clause 10 of the SOP provides for a time-bound
Grievance Redressal Mechanism for the Account
Holders in whose accounts the amounts are put on
hold or whose account operation is suspended. It is
for the Petitioner to work out his remedies in
accordance with Clause 10 of the SOP, with respect
to the frozen/lien/hold amount.
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6. Since the Requisition issued by the Police Authorities
does not show the disputed amount, it will be an
injustice if the Petitioner is totally prevented from
operating the Bank Account. The Police Authorities
are to be directed to inform the Bank of the disputed
amount within a time frame, failing which the
Petitioner shall be allowed to operate the Bank
Account without any restriction.
7. Accordingly, this Writ Petition is disposed of with the
following directions:
i) The Respondent/Bank is directed to
seek, within a period of two weeks from the
date of receipt of a copy of this judgment, the
details of the disputed amount in the
Requisition already communicated to the
Bank from the Police Authorities, sending a
copy of this judgment, and the Police
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Authorities shall communicate the details of
the disputed amount in the Requisition
already communicated to the Bank within a
period of one month from the date of receipt
of communication from the Bank and in case
of default by the Police Authorities, the Bank
shall lift the freeze/lien imposed on the
Petitioner's account. In case of getting
knowledge of the details of the disputed
amount from the Police Authorities, the
Respondent/Bank shall confine the order of
freeze/lien against the account of the
Petitioner only to the extent of the disputed
amount and permit operation of the account.
ii) The disposal of the frozen/lien/hold
amount shall be in accordance with the above
SOP.
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iii) Petitioner is free to redress his grievance
through the Grievance Redressal Mechanism
provided under Clause 10 of the above SOP
with respect to the frozen/lien/hold amount.
iv) The Respondent/Bank is free to effect
further lien/hold/freeze in case of receipt of
future requisitions.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
ays
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APPENDIX OF WP(C) NO. 34872 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE NOTICE ISSUED BY THE RESPONDENT
NO.1 TO THE PETITIONER DATED 30.05.2025
