Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946 WP(C) NO. 18182 OF 2024 PETITIONER:
ROADWAY CLASSICS LLP C/O ZAIN M ROADWAYS 4SQUARE BUILDING GROUND FLOOR CALICUT THONDAYAD AD NH 66 KOZHIKODE KERALA R EPRESENTED BY ITS DESIGNATED PARTNER ZAIN M, AGED 29 YEARS S/O RASHEED K V FREEYA 20/1095 B CHERUMANASHERY ROAD KALLAI P.O KUNDUNGAL KOZHIKODE, PIN - 673003 BY ADV C.J.VARGHESE VINU RESPONDENTS:
1 THE ICICI BANK LIMITED, NELLIKODE BRANCH KOZHIKODE, REPRESENTED BY ITS BRANCH MANAGER UL CYBERPARK, NELLIKODE P.O THONDAYAD BYPASS KOZHIKODE KERALA, PIN - 673016 2 SUPERINTENDENT OF POLICE , KOZHIKODE OFFICE OF THE SUPERINTENDANT OF POLICE MANANCHIRA KOZHIKODE KERALA, PIN - 673001 3 STATE CRIME RECORDS BUREAU, REPRESENTED BY SUPERINTENDANT OF STATE CRIME RECORDS BUREAU OFFICE OF THE STATE CRIME RECORDS BUREAU PATTOM THIRUVANANTHAPURAM, PIN - 695004 4 ADDITIONAL DIRECTOR GENERAL OF POLICE OFFICE OF THE KERALA POLICE CHIEF KERALA POLICE HEAD QUARTERS THIRUVANATHAPURAM, PIN - 695010
WP(C) NO. 18182 OF 2024 2 5 STATE POLICE CHIEF, KERALA KERALA POLICE HEAD QUARTERS, THIRUVANATHAPURAM, PIN - 695010 SRI. PRADEESH CHACKO. SC.
SRI.P.S.APPU, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18182 OF 2024 3 T.R. RAVI, J.
-------------------------------------------- W.P.(C). No.18182 of 2024 -------------------------------------------- Dated this the 5th day of June, 2024 JUDGMENT The petitioner is the holder of an account with the respondent 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 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
WP(C) NO. 18182 OF 2024 4 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 Pn
WP(C) NO. 18182 OF 2024 5 APPENDIX OF WP(C) 18182/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF CERTIFICATE OF INCORPORATION OF ROADLINE CLASSICS LLP Exhibit P2 THE TRUE COPY OF GST CERTIFICATE OF ROADLINE CLASSICS LLP Exhibit P3 THE TRUE COPY OF RESOLUTION DATED 23/11/2021PASSED BY AT THE MEETING OF BOARD OF DIRECTORS OF ROADWAY CLASSICS LLP HELD AT THE REGISTERED OFFICE OF THE COMPANY AT CALICUT Exhibit P4 THE TRUE COPY OF NOTICE DATED 15/5/2024 ISSUED BY 1ST RESPONDENT Exhibit P5 THE TRUE COPY COMPLAINT FILED THROUGH E MAIL DATED 16/5/2024 BEFORE 4TH RESPONDENT