Petitioner, a lawyer, challenged freezing of her savings account by the State Bank of India based on police direction. Court held account freezing unjustified but ordered partial lifting retaining a specific amount due to pending crime.
Respondent Bank directed to permit petitioner to operate savings account by retaining Rs. 27,500/- as balance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 15TH DAY OF DECEMBER 2022 / 24TH AGRAHAYANA, 1944
W.P.(C) NO.29856 OF 2022
PETITIONER:
ADV. SALMATH A., AGED 52 YEARS, D/O. AZEEZ, RESIDING AT MARHABA, UNIVERSAL NAGAR-189, KILKOLLOOR P.O., KOLLAM-691 004.
BY ADVS. S.SREEKUMAR (KOLLAM) K.VIJAYAN
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE STATION HOUSE OFFICER, NARAKKAL POLICE STATION, ERNAKULAM DISTRICT-682 505.
2 THE BRANCH MANAGER, STATE BANK OF INDIA, PBB KADAPPAKKADA BRANCH, ARPAN TOWERS, PRATHIBHA JUNCTION, KADAPPAKKADA, KOLLAM-691008.
ADDL.R3 THE STATION HOUSE OFFICER, THRITHALA POLICE STATION, PALAKKAD, ADDL. R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 09.11.2022 IN WP(C) NO.29856/2022.
R1,ADDL.R3 SRI. P. S.APPU, GOVERNMENT PLEADER
R2 SRI. M. JITESH MENON, STANDING COUNSEL, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.29856 OF 2022
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JUDGMENT
Dated this the 15th day of December, 2022
The petitioner is a practicing lawyer and is maintaining a savings bank account with the 2nd respondent. The petitioner's grievance is regarding the freezing of her account based on a direction by the police.
According to the petitioner, certain persons had approached her with a complaint that one Shamsudheen of Thrikkakara had cheated them after money by promising to arrange employment Visa. Based on the complaint submitted by the defrauded persons a crime was registered at the Narakkal Police Station. The petitioner contacted Shamsudheen on behalf of the complainants and threatened him with legal action if the amounts are not repaid. Thereupon, Shamsudheen remitted some amount to the petitioner's savings bank account and the amount was disbursed to the complainants under proper receipt. It later came to light that another complaint was also
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W.P.(C) NO.29856 OF 2022
registered against Shamsudheen at the Narakkal Police Station. During the investigation of that crime, the police found that Shamsudheen had transferred Rs.1,65,000/- to the petitioner's account. This prompted the police to direct the Bank to freeze the petitioner's account.
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W.P.(C) NO.29856 OF 2022
that pursuant to this Court's direction, the debit freeze was lifted and the petitioner was permitted to operate the account, by retaining the amount involved in Crime No.963 of 2022 of Narakkal Police Station.
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W.P.(C) NO.29856 OF 2022
The writ petition is hence disposed of directing the Bank to permit the petitioner to operate her savings bank
account by retaining of Rs.27,500/- as balance.
Sd/- V.G. ARUN JUDGE
bpr
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W.P.(C) NO.29856 OF 2022
APPENDIX OF WP(C) 29856/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ACCOUNT FREEZING ORDER OF THE 2ND RESPONDENT BANK DATED 31.08.2022.
EXHIBIT P2 THE TRUE COPY OF THE RECEIPT JOINTLY ISSUED BY THE SUJIN KUMAR AND ABHILASH IN FAVOUR OF THE PETITIONER.
EXHIBIT P3 HE TRUE COPY OF THE FIR IN CRIME NO. 963/2022 OF THE NARAKKAL POLICE STATION DATED 04.08.2022.
2 issues framed by the court
Whether a savings bank account can be frozen by direction of police when petitioner received amounts to be disbursed to clients.
Whether total freezing of the account is justified or partial retention is sufficient in view of pending criminal proceedings.
ADV. SALMATH A.
STATE OF KERALA
STATE BANK OF INDIA, PBB KADAPPAKKADA BRANCH
STATION HOUSE OFFICER, THRITHALA POLICE STATION
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
