Abdul Samad.P vs the Bank Manager

Abdul Samad.P vs The Bank Manager

Type Court Judgment Court Kerala Decided Dec 22, 2023

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https://sooperkanoon.com/case/1412398

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Citation: sooperkanoon.com/1412398
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Dec 22, 2023
Case Number: WP(C)/41982/2023

Parties & Advocates

Appellant / Petitioner

Abdul Samad.P

Respondent

The Bank Manager

Excerpt

.....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 toconfine 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 herebydirected 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 fromthe police authorities, they will adhere to the same and complete wp(c) no. 41982 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 thebank 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.(e) i, however, clarify that this judgment will apply to everyrequisition received by the bank from any police authority, whether it be single or multiple, and the fees will be confined to all such amounts. sd/- devan ramachandran judge mc/23.12 wp(c) no. 41982 of 2023 4 appendix of wp(c) 41982/2023 petitioner exhibits exhibit p1 true copy of the petitioner's bank account statement covering the period from may 10, 2023, to july 09, 2023, as issued by the 1st respondent bank exhibit p2 true copy of the slip dated 06.12.2023 received from atm

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. 41982 OF 2023 PETITIONER: ABDUL SAMAD.P AGED 25 YEARS S/O.ABDUL JALEEL P., PANGADAN, MATTAKKULAM, WANDOOR, MALAPPURAM DISTRICT, PIN - 679339 BY ADVS. ABDUL SHUKOOR MUNDAMBRA P.C.MUHAMMED NOUSHIQ RESPONDENTS: 1 THE BANK MANAGER SOUTH INDIAN BANK, P B NO. 42, XX/240, RAM BUILDING 1ST FLOOR, COURT ROAD, MANJERI, PIN - 676121 2 DIRECTOR GENERAL OF POLICE STATE CYBER CRIME CELL, 7TH FLOOR,BLOCK-2, KARMYOGI BHAVAN, SECTOR-10 A, GANDHI NAGAR 382010 GUJARATH STATE, EMAIL: HELPLINE-CYBER- [email protected], PIN - 382010 SRI SUNIL SHANKAR-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 41982 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 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.

the Police Authorities, they will adhere to the same and complete WP(C) NO. 41982 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 him, to impel in future.

(e) I, however, clarify that this judgment will apply to every

requisition received by the Bank from any Police Authority, whether it be single or multiple, and the fees will be confined to all such amounts. Sd/- DEVAN RAMACHANDRAN JUDGE MC/23.12 WP(C) NO. 41982 OF 2023 4 APPENDIX OF WP(C) 41982/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENT COVERING THE PERIOD FROM MAY 10, 2023, TO JULY 09, 2023, AS ISSUED BY THE 1ST RESPONDENT BANK Exhibit P2 TRUE COPY OF THE SLIP DATED 06.12.2023 RECEIVED FROM ATM

Same Court & Year Kerala · 2023 Same Parties Abdul Samad.P vs The Bank Manager Same Judge Honourable Mr. Justice Devan Ramachandran