Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 WP(C) NO. 14967 OF 2024 PETITIONER: RASHEED V AGED 33 YEARS S/O KUNJALI VALAPRA, EDADI HOUSE, ARIMBRA P.O., MORAYUR, MALAPPURAM, KERALA, PIN - 673638 BY ADVS. T.S.SARATH MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR JOTHISHA K.A. SAILAKSHMI MENON AASHI K. SHAJAN SMT.AKHILA B. RESPONDENTS: 1 UNION OF INDIA MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRETARY [email protected], PIN -
2 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, OFFICE OF THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CID, 4TH FLOOR, POLICE BHAVAN, SECTOR - 18, GANDHINAGAR, GUJARAT [email protected], PIN - 382018 3 NATIONAL CYBER CRIME REPORTING PORTAL ADDITIONAL SUPERINTENDENT OF POLICE, ECONOMIC OFFENCES WING (EOW), OFFICE OF THE ADDL. DIRECTOR GENERAL OF POLICE, CRIME INVESTIGATION DEPARTMENT, AP DGP HEAD QUARTERS, FIRST FLOOR, MANGALAGIRI, GUNTUR URBAN DISTRICT, ANDHRA PRADESH [email protected], PIN - 522503
WP(C) NO. 14967 OF 2024 2 4 INDIAN CYBERCRIME COORDINATION CENTRE REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI [email protected], PIN - 110001 5 STATE OF GUJARAT REPRESENTED BY THE CHIEF SECRETARY, 5TH FLOOR, BLOCK NO. 1, SARDAR BHAVAN SACHIVALAYA, GANDHINAGAR,GUJURAT [email protected], PIN - 382010 6 STATE OF ANDHRA PRADESH REPRESENTED BY THE CHIEF SECRETARY, BUILDING #1, 1ST FLOOR, INTERIM GOVERNMENT COMPLEX, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH [email protected], PIN - 522503 7 DIRECTOR GENERAL OF POLICE GUJARAT STATE POLICE BHAVAN, GANDHINAGAR SECTOR 18, GANDHINAGAR, GUJARAT [email protected], PIN - 8 DIRECTOR GENERAL OF POLICE POLICE HEADQUAETERS, HYDERABAD CITY [email protected], PIN - 500004 9 STATION HOUSE OFFICER ANKLESHWAR POLICE STATION, STATION ROAD, RAILWAY STATION, ANKLESHWAR GIDC, ANKLESHWAR, GUJARAT, PIN - 393001 10 STATION HOUSE OFFICER CHITTOOR ONE TOWN POLICE STATION, CHITTOOR - PONNAI ROAD, MITTOOR, CHITTOOR, ANDHRA PRADESH [email protected], PIN - 517001 11 THE RESERVE BANK OF INDIA REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA [email protected], PIN - 695033 WP(C) NO. 14967 OF 2024 3 12 AXIS BANK NAJATH BUILDING, KONDOTTY BYPASS ROAD, KONDOTTY, KERALA [email protected], PIN - 673636 13 CATHOLIC SYRIAN BANK GROUND FLOOR, PPA COMPLEX, NEARBY VALLUVAMBRAM JUNCTION, KOZHIKODE PALAKKAD HIGHWAY, MONGAM, MALAPPURAM [email protected], PIN - 673642 SRI. V. GIREESH KUMAR, CGC. SRI.MADHU RADHAKRISHNAN, SC SRI.NELSON JOSEPH SRI.M.D.JOSEPH SRI.DEEPAK ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14967 OF 2024 4
T.R. RAVI, J.
-------------------------------------------- W.P.(C)No.14967 of 2024 -------------------------------------------- Dated this the 31st day of May, 2024
JUDGMENT
The petitioner is a holder of an account with the respondents Bank and their account has been frozen on intimation by Police Authorities. The Court had, at the time of admission, issued interim directions to restrict the freezing of the accounts to the amount which had been subject matter of the dispute, as per the intimation received from the Police authorities. The Bank has also taken action to that extent pursuant to the directions issued by this Court. In similar cases, this Court had after issuance of such interlocutory orders, closed the writ petitions with certain directions. Paragraph No.12 of the directions issued in Dr.Sajeer v. Reserve Bank of India [ 2023 KHC OnLine 661] is extracted hereunder;
“12. In fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recovered from the petitioners, if they have received it as part of WP(C) NO. 14967 OF 2024 5
bonafide or other valid transactions, unaware of it being proceeds of crime. In the conspectus of the above, I order these Writ Petitions with the following directions: a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, 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 petitioners to deal with their accounts, and transact therein, beyond that limit. b. The respondent - Police Authorities concerned are hereby directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions 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 Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete 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 their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future.”
This writ petition is disposed of with the above said directions. Sd/- T.R.RAVI JUDGE LEK WP(C) NO. 14967 OF 2024 6 APPENDIX OF WP(C) 14967/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED FROM THE 9TH RESPONDENT DATED 04-01-2024, THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION Exhibit P2 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED FROM THE 10TH RESPONDENT DATED 18-02-2024, THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION Exhibit P3 A TRUE COPY OF THE STATEMENT OF ACCOUNT MADE FOR THE PERIOD FROM 20-11-2023 TO 30-11-2023 BY THE PETITIONER'S ACCOUNT Exhibit P4 A TRUE COPY OF THE STATEMENT OF ACCOUNT MADE FOR THE PERIOD FROM 07-02-2024 TO 04-03-2024 BY THE PETITIONER'S ACCOUNT