Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946 WP(C) NO. 16274 OF 2024 PETITIONER:
M/S AIKON INFO SERVE 12/590/V,W,X, MEACHEERI TOWER, OPPOSITE POST OFFICE, RS ROAD, THUVOOR MALAPPURAM REPRESENTED BY ITS PROPRIETOR SREEJITH P, PIN – 673 327 BY ADVS.
EBIN MATHEW P.J.MATHEW AKHILA SHOJI JAEONA JAMES RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI -, PIN – 110 001 2 RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA -, PIN – 400 029 3 WEST REGION CYBER POLICE STATION CRIME BRANCH C.I.D., MUMBAI, 1ST FLOOR, BANDRAKURLA COMPLEX POLICE STATION, B.K.C., BANDRA (E), MUMBAI REPRESENTED BY ITS SENIOR INSPECTOR OF POLICE, PIN - 400051 4 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM -, PIN - 695014 5 SOUTH INDIAN BANK PANDIKKAD BRANCH, HIBA ASIA BUILDING, PANDIKKAD P.O., MALAPPURAM REPRESENTED BY ITS BRANCH MANAGER, PIN - 676521 BY ADVS.
SUNIL SHANKAR A,SC DEVAYANI NAIR T.H.(K/1531/2019) VIDYA GANGADHARAN(K/000424/2020) SRI. V. GIRISH KUMAR. CGC.
SRI. RAJEEV JYOTHISH GEORGE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16274 OF 2024 2 T.R.RAVI.J ------------------------------------------------------- WP(C) No.16274 of 2024 -------------------------------------------------------- Dated this the 23rd day of May, 2024 JUDGMENT The petitioner is holder of an account with the 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
WP(C) NO. 16274 OF 2024 3 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 sn JUDGE
WP(C) NO. 16274 OF 2024 4 APPENDIX OF WP(C) 16274/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE GST REGISTRATION OF THE PETITIONER Exhibit P2 A TRUE COPY OF THE ACCOUNT DETAILS OF THE PETITIONER SHOWN IN WEBSITE OF THE 5TH RESPONDENT Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED 30/01/2024 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 09/01/2024 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT ExhibitP 5 A TRUE COPY OF THE NOTICE DATED 13/04/2024 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT Exhibit P 6 A TRUE COPY OF THE E-MAIL DATED 18/04/2024 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT BANK Exhibit P 7 A TRUE COPY OF THE INTERIM ORDER DATED 22/03/2024 OF THE HON'BLE HIGH COURT OF KERALA IN WP(C)11934 OF 2024