The Court allowed the writ petition restricting the freeze on the petitioner's bank account to the specific amounts quantified by the police. It directed the police to inform the bank of the freeze duration within eight months.
Ordered the Bank to freeze the petitioner's account only to the extent of amounts mentioned in the police requisition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 13TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945
WP(C) NO. 15531 OF 2023
PETITIONER:
SREEKUTTAN T.
AGED 26 YEARS, S/O.THANKAPPAN P.B., MANJATHODI HOUSE,
KALANDITHARA, PUDUSSERY P.O., PUDUSSERY WEST,
PUDUSSERI, PALAKKAD, PIN - 678623
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
GENTLE C.D.
BIJOY SAM GEORGE
RESPONDENTS:
1STATION HOUSE OFFICER
PALAKKAD CUSBA POLICE STATION, PALAKKAD
PALAKKAD DISTRICT, PIN - 678001
2M/S.INDIAN BANK
PALAKKAD BRANCH, 11/724, KAV CENTRAL, CHANDRA NAGAR,
PALAKKAD DISTRICT - 678007,
REPRESENTED BY ITS BRANCH MANAGER.
3AJAY KRISHNA C.R
AGED 23 YEARS, S/O.RAMESH C.K., CHERUVATHERI HOUSE,
CHITTISHERRI, THALORE, THRISSUR DISTRICT, PIN - 680306
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15531 OF 2023 2
JUDGMENT
The facts involved in this case are covered by the judgment of this Court in W.P.(C).No.12960/2023 and connected matters. Since the learned counsel for the parties are ad idem on this, I allow this writ petition in terms of the said judgment.
Consequently, I order this Writ Petition with the following directions:
(a) The respondent Bank arrayed in this case, is directed to confine the order of freeze against the accounts of the petitioner, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioner to deal with the accounts, and transact therein, beyond that limit.
(b) The respondent – Police Authorities concerned are hereby directed to inform the Bank as to whether freezing of accounts of the petitioner in this Writ Petition will require to be continued even in the afore 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.
(c) On the Bank receiving the afore information/intimation from the Police Authorities, they will adhere to the same and complete
WP(C) NO. 15531 OF 2023 3
necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be.
(d) If, however, no information or intimation is received by the
Bank in terms of directions (b) above, the petitioner, will be at full liberty to approach this Court again; for which purpose, all his contentions in this Writ Petition are left open and reserved to impel it in future.
Sd/-
DEVAN RAMACHANDRAN JUDGE
MC/13.11
WP(C) NO. 15531 OF 2023 4
APPENDIX OF WP(C) 15531/2023
PETITIONER EXHI |
BITS |
|
|---|---|---|
Exhibit |
A TRUE COPY OF THEREGISTERED IN CONNENO.299/2023 OF PALASTATION AS AGAINST |
FIRST INFORMATION REPORTCTION WITH CRIMEKKAD CUSBA POLICETHE PETITIONER |
Exhibit P2 |
A TRUE COPY OF THEISSUED IN THE NAMESRI. AMEER HUSSIANNAME OF THE PETITIO |
AUTHORIZATION MESSAGEOF THE PETITIONER BYBIN ABDUL RAHMAN IN THENER |
Exhibit P3 |
A TRUE COPY OF THEISSUED BY MR. AMEERPETITIONER |
FORMAT OF OFFER LETTERHUSSIAN TO THE |
Exhibit P4 |
A TRUE COPY OF ONEBETWEEN THE PETITIOCOMPLAINANT ON 29.0 |
SUCH AGREEMENT EXECUTEDNER AND THE DE FACTO3.2023 |
Exhibit P5 |
. A TRUE COPY OF THMADE IN B.A. NO. 29COURT |
E ORDER DATED 25.04.202310/2023 BY THIS HON'BLE |
Exhibit P6 |
A TRUE COPY OF THEBOOK OF THE SAVINGSBY THE PETITIONER WBANK |
RELEVANT ENTRY OF PASSBANK ACCOUNT MAINTAINEDITH THE 2ND RESPONDENT |
Sreekuttan T.
1 Station House Officer Palakkad Cusba Police Station
2 M/S. Indian Bank Palakkad Branch
3 Ajay Krishna C.R
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court