K.a.Chandran v. the Commissioner of Police and Others
Case brief
What is this about?
Petitioner, an undertrial prisoner facing N.D.P.S charges, challenged his inability to operate a bank account. The Court held that without a specific freezing order under relevant laws, the account must be permitted.
What did the court decide?
Allowed petitioner to operate the bank account; quashed the effect of the freeze communication.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931
Crl.MC.No. 2687 of 2009()
------------------------AGAINST THE ORDER DATED 04/03/2009 IN CMP.4452/2008 IN CC.25/2008 of Judicial First Class Magistrate (MARAD CASES), KOZHIKODE
PETITIONER(S):
K.A.CHANDRAN, S/O.AYYAPPAN, SHANTHI NAGAR COLONY, WEST HILL, NOW RESIDING AS REMAND PRISONER NO.8519, DISTRICT JAIL, KOZHIKODE.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S): ---------------
- THE COMMISSIONER OF POLICE, KOZHIKODE, KOZHIKODE DISTRICT.
- THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION.
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to operate his bank account when there is no specific order freezing it under Section 102 CrPC or N.D.P.S Act
Whether the communication from Commissioner of Police freezes the bank account legally
Parties & counsel
- petitioner
K.A.CHANDRAN
- respondent
THE COMMISSIONER OF POLICE, KOZHIKODE
- respondent
THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION
- respondent
THE MANAGER, NORTH MALABAR GRAMIN BANK
- respondent
STATE OF KERALA
Case details
As recorded by the court registry
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