Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 WP(C) NO. 26202 OF 2023 PETITIONER: THANVEER K.P., AGED 26 YEARS S/O. MAMMU M, IRFANA MANZIL, PILAVALAPPU, VALIYAPOYIL P.O., KASARGOD., PIN - 671313 BY ADVS. J.RAMKUMAR P.J.JOSEPH JOHN RESPONDENTS: 1 THE MANAGER, THE STATE BANK OF INDIA, KAYYUR BRANCH, VI/651/B1, HI LANE PLAZA, NATIONAL HIGHWAY, CHERUVATHUR POST, KASARAGOD, PIN - 671313 2 NODAL OFFICER, CID CRIME AND RAILWAYS GUJARAT, 4TH FLOOR, POLICE BHAVAN, SECTOR 9, GANDHINAGAR ., PIN - 382007 SRI. JITHESH MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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 his account, 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 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 him, to impel in future. Sd/- RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 26202/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED 04.07.2023 IN WPC NO.20822 OF 2023 OF THIS HON'BLE HIGH COURT Exhibit P2 A TRUE COPY OF THE REQUEST DATED 07.07.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE LETTER DATED 15.07.2023 ISSUED BY THE 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R1(a) A true copy of the complaint details provided by the Local Head Office of the State Bank of India, Ahmedabad Section