Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 11920 OF 2024 PETITIONER:
AJNAS AHAMED T AGED 21 YEARS, THURUVAYIL HOUSE, MOOCHIKKAL, MEENADATHUR, TANALUR, MALAPPURAM, KERALA, PIN – 67630.
BY ADVS.
NESAMUDHEEN E.ADITHYAN SAFA C.M.
RIBIN LAL S RESPONDENTS:
1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS, REPRESENTED BY ITS HOME SECRETARY NORTH BLOCK, NEW DELHI, PIN – 110001.
2 STATE OF KERALA, REP BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.
3 KOTAK MAHINDRA BANK LIMITED REPRESENTED BY ITS MANAGER GROUND FLOOR, NO.235/3 AND 235/4, NEAR SABKA HOTEL, RING ROAD, TIRUR, MALAPPURAM, KERALA 09308TIRURREFERRAL@KOTAK.COM, PIN – 676101.
4 CYBER CRIME POLICE JALARAM RD, IRRIGATION COLONY, KAPADIA CHAL, VALSAD, GUJARAT CYBER-VAL@GUJARAT.GOV.IN, PIN – 396001.
5 STATE POLICE CHIEF GUJARAT FIRST FLOOR, POLICE BHAVAN, SECTOR 18, GANDHINAGAR, GUJARAT, PIN – 382021.
6 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER - GUJARAT, SP OFFICE - CHHOTAUDEPUR, GHELVANT, GUJARAT CC- CID@GUJARAT.GOV.IN, PIN – 391165.
WP(C) NO. 11920 OF 2024 & Conn. Cases 2 SRI. V. GIREESH KUMAR, CGC.
SRI. RAJEEV JYOTHISH GEORGE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11698/2024, 11724/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 11698 OF 2024 PETITIONER:
ABDUL RASHEED AGED 29 YEARS S/O.ALI.K, KOLOTHUPARAMBIL HOUSE, IRIMBILIYAM POST, MALAPPURAM DISTRICT, PIN – 679572.
BY ADVS.
R.SREEHARI HAMZA A.V.
APARNA M.P.
VIGNESH S.
RESPONDENTS:
1 SOUTH INDIAN BANK VALANCHERY BRANCH, 2194, W.NO.IX, MAYYERI COMPLEX, KOZHIKODE ROAD, VALANCHERY POST, MALAPPURAM DISTRICT, REPRESENTED BY THE BRANCH MANAGER, PIN – 676552.
2 INSPECTOR OF POLICE GODADARA POLICE STATION, NO.44,SHIRDIDHAM DAKKHAN ROAD, GODADARA POST, SURAT, GUJARAT STATE, PIN – 395012.
3 NATIONAL CYBER CRIME REPORTING PORTAL (MHA PORTAL) NATIONAL HIGHWAY-8 MAHIPALPUR POST, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN – 110037.
4 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM POST, THIRUVANANTHAPURAM DISTRICT, PIN – 695001.
5 STATE OF GUJARAT REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, 2ND BLOCK, 1ST FLOOR, SACHIVALAYA, GANDINAGAR POST, GUJARAT STATE, PIN – 382010.
WP(C) NO. 11920 OF 2024 & Conn. Cases 4 BY ADVS.
SANDHRA.S(K/001610/2021) VIDYA GANGADHARAN(K/000424/2020) GAYATHRI.M.M(K/003350/2022) SRI. RAJEEV JYOTHISH GEORGE. GP.
SRI.SUNIL SHANKAR A, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 11724 OF 2024 PETITIONER:
JUNAID.T @ JUNAID THAYYIL AGED 23 YEARS S/O.YOOSAF THAYYIL, THAYYIL HOUSE, THEKKAN KUTTOOR, THALAKKAD, VENGALUR POST, MALAPPURAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER HARIS .T, S/O.YOOSAF THAYYIL, THAYYIL HOUSE, THEKKAN KUTTOOR, THALAKKAD, VENGALUR POST, MALAPPURAM DISTRICT, PIN – 676102.
BY ADVS.
R.SREEHARI HAMZA A.V.
APARNA M.P.
VIGNESH S.
RESPONDENTS:
1 THE FEDERAL BANK LIMITED PUTHANATHANI BRANCH, TAUFEEQUE TOWERS, NATIONAL HIGHWAY -66, PUNNATHALA, PUTHANATHANI POST, MALAPPURAM DISTRICT, REPRESENTED BY THE BRANCH MANAGER, PIN – 676552.
2 INSPECTOR OF POLICE NALANDA POLICE STATION, NATIONAL HIGHWAY 120, MOHANPUR POST, NALANDA DISTRICT, BIHAR STATE, PIN – 803111.
3 NATIONAL CYBER CRIME REPORTING PORTAL (MHA PORTAL) NATIONAL HIGHWAY-8 MAHIPALPUR POST, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN – 110037.
4 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM POST, THIRUVANANTHAPURAM DISTRICT, PIN – 695001.
WP(C) NO. 11920 OF 2024 & Conn. Cases 6 5 STATE OF BIHAR REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT OF BIHAR, SARDAR PATEL BHAVAN, JAWAHARLAL NEHRU MARG (BAILEY ROAD), L.B.S NAGAR POST, PATNA, BIHAR STATE, PIN – 800023.
SRI. MOHAN JACOB GEORGE, SC.
SRI. RAJEEV JYOTHISH GEORGE, GP.
SRI. SUNIL KUMAR KURIAKOSE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 11946 OF 2024 PETITIONER:
WASEEM SHA V.F AGED 29 YEARS S/O.FASALUL HAQ V.H, VELAMPULLY HOUSE, KONGAD POST, KONGAD-1, PALAKKAD DISTRICT, PIN – 678631.
BY ADV MUHAMMED AMEEN RESPONDENTS:
1 FEDERAL BANK LIMITED KONGOD BRANCH, SAUMYA ARCADE, PATHRIPALA, KONGAD ROAD, KONGAD, PALAKKAD DISTRICT, REPRESENTED BY THE BRANCH MANAGER, PIN – 678631.
2 NATIONAL CYBER CRIME REPORTING PORTAL (MHA PORTAL), NATIONAL HIGHWAY-8 MAHIPALPUR POST, NEW DELHI, REPRESENTED BY ITS DIRECTOR, PIN – 110037.
3 POLICE INSPECTOR CYBER CRIME POLICE STATION, BUNGLOW NO 15, DAFNALA CROSS ROAD,NEAR IPS MESS, SHAHIBAG, AHMEDABAD, GUJARAT, PIN – 380004.
4 STATE OF KERALA REPRESENTED BY CHEIF SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM POST, THIRUVANANTHAPURAM DISTRICT, PIN – 695001.
SRI. RAJEEV JYOTHISH GEORGE,GP.
SRI. MOHAN JACOB GEORGE, SC.
SRI.SUNIL KUMAR KURIAKOSE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12222 OF 2024 PETITIONER:
M/S AIR EMARAT TRAVEL & TOURS LLP GROUND FLOOR, 35/289, KODUVALLY, KOZHIKODE- 673572 REP BY ITS MANAGING PARTNER MUHAMMED MINHAJ K.K., AGED 27 YEARS, S/O SADIQUE RAHMAN, KURUNTHOTTIKANDI, KARADI, THAMARASSERY P.O., RAROTH, KOZHIKODE, PIN – 673573.
BY ADVS.
ALBIN A. JOSEPH SUSANTH SHAJI SIDHARTH O.
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI, PIN – 110001.
2 RESERVE BANK OF INDIA REPRESENTED BY ITS GENERAL MANAGER, BRANCH OFFICE BANERJI ROAD, ERNAKULAM NORTH, KOCHI, PIN – 682018.
3 THE MANAGING DIRECTOR ICICI BANK LTD., ICICI BANK TOWERS, BANDRA, KURLA COMPLEX, MUMBAI, PIN – 400051.
4 THE MANAGER ICICI BANK LTD., THAMARASSERY BRANCH, CITY CENTER, QUILANDY ROAD, NEAR BSNL OFFICE, THAMARASSERY, CHUNGAM, KOZHIKODE, PIN – 673573.
5 STATION HOUSE OFFICER CYBER CRIME POLICE STATION NORTH DIVISION, CYBER ECONOMIC OFFENCES AND NARCOTICS (CEN), 8TH MAIN ROAD MALLESHWRA , KARNATAKA, PIN – 560012.
6 STATION HOUSE OFFICER BASNA POLICE STATION, BASNA, CHHATTISGARH, PIN – 493554.
WP(C) NO. 11920 OF 2024 & Conn. Cases 9 7 STATION HOUSE OFFICER CHHATRIPURA POLICE STATION, KAGDIPURA RD, INDORE, MADHYA PRADESH, PIN – 452007.
8 SUPERINTENDENT OF POLICE JOGULAMBA GADWAL, PJP CAMP OFFICE COLONY, JOGULAMBA GADWAL, TELANGANA, PIN – 509125.
SRI. V. GIRISH KUMAR. CGC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 10 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12404 OF 2024 PETITIONER:
PORUR SERVICE CO OPERATIVE BANK LTD NO M 357 CHERUCODE, CHATHAGOTTUPURAM P.O, MALAPPURAM DISTRICT, MALAPPURAM, REPRESENTED BY ITS SECRETARY VIJAYAN.V, PIN – 679328.
BY ADV RAJU JOSEPH RESPONDENTS:
1 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAD, THIRUVANATAHPURAM, PIN – 695014.
2 THE POLICE INSPECTOR CRIME WAKAD POLICE STATION, PIMPRI CHINWAD, PUNE, MAHARASHTRA PSWAKAD.PCPC-MH@MAH.GOV.IN, PIN – 411057.
3 THE OPERATIONS HEAD ICICI BANK LTD, NILAMBUR BRANCH, NILAMBUR MALAPPURAM DIST, PIN – 679329.
SRI.SUNIL KUMAR KURIAKOSE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 11 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12411 OF 2024 PETITIONER:
MUHAMMED ASIF PI AGED 28 YEARS S/O IBRAHIM KUTTY, PADIYAM KUNNU HOUSE, CHOWARA ERNAKULAM, PIN – 683571.
BY ADVS.
IPSITA OJAL MANAS P HAMEED MARIYAMMA A.K.
AISHWARYA SHIVAKUMAR RESPONDENTS:
1 FEDERAL BANK, CHOWARA BRANCH (REPRESENTED THROUGH ITS BRANCH MANAGER) ST MARYS BUILDING CHOWARA, NEAR POST OFFICE, KOCHI, KERALA, PIN – 683571.
2 STATION HOUSE OFFICER PANCHAVATI POLICE STATION OPP. KRUSHI UTPANNA MARKET, PANCHVATI, NASHIK, PIN – 422001.
3 COMMISSIONER OF POLICE CYBER POLICE STATION, GANGAPUR ROAD, POLICE COMMISSIONER OFFICE, NASHIK, PIN – 422002.
4 OFFICER IN CHARGE CYBER POLICE STATION, CYBER CRIME FIRST FLOOR, BANDRA KURLA COMPLEX RD, OPPOSITE ICICI BANK, G BLOCK BKC, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI, MAHARASHTRA, PIN – 400051.
5 STATION HOUSE OFFICER BALUMATH POLICE STATION, NATIONAL HIGHWAY 99, BASUKINATH, BALUMATH, JHARKHAND, PIN – 829202.
6 SUPERINTENDENT OF POLICE (SP) CYBER CRIME GOA GOA POLICE HEADQUARTERS, NEAR AZAD MAIDAN, PANAJI-GOA, PIN – 403001.
WP(C) NO. 11920 OF 2024 & Conn. Cases 12 7 STATION HOUSE OFFICER, NORTHEAST CEN CRIME POLICE STATION, AMBEDKAR VEEDHI, GANDHI NAGAR, BENGALURU, KARNATAKA, PIN – 560001.
8 CYBER CRIME POLICE STATION CENTRAL CRIME STATION BUILDING, OLD COMMISSIONER OFFICE, BASEERBAGH, HYDERABAD, TELANGANA, PIN – 500029.
SRI. MOHAN JACOB GEORGE, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 13 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12507 OF 2024 PETITIONER:
CYRIAC SCARIA AGED 28 YEARS S/O SCARIA, KOCHUPRACKAL HOUSE, CHEMBALAM P.O, IDUKKI, KERALA-, PIN – 685553.
BY ADVS.
EBIN MATHEW P.J.MATHEW AKHILA SHOJI RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN – 110001.
2 THE RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA, PIN – 400029.
3 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY-8, MAHIPALPUR,NEW DELHI, PIN – 110037.
4 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-, PIN – 695014.
5 SOUTH INDIAN BANK KANJIKUZHYBRANCH,VI/29-G JUNCTION, KANJIKUZHY P.O., MUTTAMBALAM,KOTTAYAM, REPRESENTED BY ITS AUTHORIZED OFFICER, PIN – 686004.
BY ADVS.
VIDYA GANGADHARAN(K/000424/2020) SANDHRA.S(K/001610/2021) GAYATHRI.M.M(K/003350/2022)
WP(C) NO. 11920 OF 2024 & Conn. Cases 14 SRI. V. GIRISH KUMAR, CGC.
SMT.VIDYA KURIAKOSE, GP.
SRI. RAJEEV JYOTHISH GEORGE. GP.
SRI.SUNIL SHANKER,SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 15 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12610 OF 2024 PETITIONER:
ABDUL HASEEB P.H AGED 22 YEARS S/O. HAMEED KHAN P.K, PULICHARAM, EDAKKAZHIYUR, THRISSUR, PIN – 680515.
BY ADVS.
THOMAS T.VARGHESE PHILIP T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA N.S.FATHIMATH SUHRA JIJO PAUL RESPONDENTS:
1 FEDERAL BANK LIMITED CHAVAKKAD BRANCH, REPRESENTED BY ITS BRANCH MANAGER, LIMA TOWER, OPPOSITE POLICE STATION, MAIN ROAD, CHAVAKKAD, PIN – 680506.
2 THE POLICE INSPECTOR A DIV POLICE STATION, RAJKOT CITY, GUJARAT EMAIL POLSTN-ADIV-RAJ@GUJARAT.GOV.IN, PIN – 361001.
3 THE STATION HOUSE OFFICER, SONARI POLICE STATION, JAMSHEDPUR, JHARKHAND EMAIL CYBERPS@JHPOLICE.GOV.IN, PIN – 831011.
SRI. MOHAN JACOB GEORGE, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 16 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12626 OF 2024 PETITIONER:
MOHAMMED NAYEEM ABDUL SATHAR AGED 29 YEARS S/O. ABDUL SATHAR, NO 8/127, THACHAR THERU, KEELAKARAI, KILAKARAI, RAMANATHAPURAM, TAMIL NADU STATE, PIN – 623517.
BY ADV P.C.MUHAMMED NOUSHIQ RESPONDENTS:
1 THE BANK MANAGER EFIFI FEDERAL NEO BANKING, FEDERAL BANK LTD FEDERAL TOWERS, MARINE DRIVE, KOCHI, ERNAKULAM, PIN – 682031.
2 STATION HOUSE OFFICER PALVONCHA TOWN POLICE STATION, PALWANCHA, KOTHAGUDEM DISTRICT, TELNGANA STATE- 507115.
EMAIL : INSP-CCNCCPS5-HYD@TSPOLICE.GOV.IN, PIN – 507115.
SRI. RAJEEV JYOTHISH GEORGE, GP.
SRI. MOHAN JACOB GEORGE, SC.
SRI.SUNIL KUMAR KURIAKOSE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 17 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12689 OF 2024 PETITIONER:
AVILORA SERVICE CO-OPERATIVE BANK LTD REPTESENTED BY ITS SECRETARY, NO.LL69, PO AVILORA, KODUVALLY, KOZHIKODE, PIN – 673572.
BY ADVS.
P.M.BINDHUMOL N.P.RUKSANA RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI, PIN – 110001.
2 RESERVE BANK OF INDIA REPRESENTED BY ITS GENERAL MANAGER, BRANCH OFFICE, BANERJI ROAD, ERNAKULAM NORTH, ERNAKULAM, PIN – 682018.
3 MANAGING DIRECTOR, IDBI BANK METRO TOWER, NEAR KEDAVUR, JUMA MASJID, WAYANAD ROAD,THAMARASSERY, KOZHIKODE, PIN – 673573.
4 THE MANAGER, IDBI BANK THAMARASSERY BRANCH, METRO TOWER, NEAR KEDAVUR, JUMA MASJID, WAYANAD ROAD,THAMARASSERY, KOZHIKODE, PIN – 673573.
SRI. V. GIRISH KUMAR, CGC.
SRI.R.REMA, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 18 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12794 OF 2024 PETITIONER:
MUHAMMED NIHAD.K AGED 26 YEARS S/O. JAHFAR.K.K, KATTAKKUNNUMAL HOUSE, KODUVALLY P.O, KOZHIKODE DISTRICT, PIN – 673572.
BY ADV P.C.MUHAMMED NOUSHIQ RESPONDENTS:
1 THE BANK MANAGER FEDERAL BANK, KODUVALLY BRANCH, IRIS TOWER, KODUVALLY P.O, KOZHIKODE DISTRICT, PIN – 673572.
2 STATION HOUSE OFFICER SOLA HIGH COURT POLICE STATION, AHAMEDABAD CITY, GUJRAT STATE- 380081. EMAIL : CC-CID@GUJARAT.GOV.IN, POLSTN-SOLA-AHD@GUJARAT.GOV.IN., PIN – 380081.
SRI. MOHAN JACOB GEORGE. SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 19 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12815 OF 2024 PETITIONER:
SHABEER K.A AGED 27 YEARS S/O. ABDUL KHADER K H, KOTTALIKKUDY HOUSE, KUMMANODU, PATTIMATTAM, KUNNATHUNAD, ERANAKULAM KERALA, PIN – 683562.
BY ADVS.
RAHUL SASI NEETHU PREM P.ARDRA MENON ALFIN NADARSHAW ANJANA V.
RESPONDENT:
ICICI BANK REPRESENTED BY ITS AUTHORIZED OFFICER,PALARIVATTAM, KERALA, ERANAKULAM, PIN – 682025.
BY ADVS.
SHAHIER SINGH M.
SHARAN SHAHIER(K/1202/2010) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 20 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12836 OF 2024 PETITIONER:
HAREESH SINHA AGED 24 YEARS S/O MUHAMMED SINHA, SEEMA MANZIL, PARUTHI, MADATHARA P.O, CHITHARA DISTRICT KOLLAM, PIN – 691541.
BY ADVS.
NIKITA NAIR C.S.
JOSEPH GEORGE SYAM K.P.
ASHISH GOPAL K.G ALIF K.S.
RESPONDENTS:
1 M/S CANARA BANK LTD, REPRESENTED BY ITS BRANCH MANAGER, KADAKKAL BRANCH, KOLLAM, PIN – 691536.
2 THE BRANCH MANAGER, M/S CANARA BANK LTD, KADAKKAL BRANCH, KOLLAM, PIN – 691536.
3 THE ASSISTANT POLICE INSPECTOR, CYBER CELL, KOTHRUD POLICE STATION, PUNE CITY, MAHARASHTRA STATE, PIN – 411038.
4 THE RESERVE BANK OF INDIA REPRESENTED BY ITS REGIONAL DIRECTOR BAKERY JUNCTION, P.B.NO.6507, THIRUVANANTHAPURAM, PIN – 695033.
5 UNION OF INDIA REPRESENTED BY THE SECRETARY OF DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE JEEVAN DEEP MARG, NEW DELHI, PIN – 110001.
WP(C) NO. 11920 OF 2024 & Conn. Cases 21 BY ADVS.
K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) SRI. V. GIRISH KUMAR, CGC.
SRI.GOPIKRISHNAN NAMBIAR M, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 22 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 12850 OF 2024 PETITIONER:
NOURIN FATHIMA P.C AGED 31 YEARS D/O. SHOUKATHALI, PUTHENTHERUVIL CHALIL HOUSE, KEDAVUR, THECHAMPOYIL P.O, KOZHIKODE DISTRICT, PIN – 673573.
BY ADV P.C.MUHAMMED NOUSHIQ RESPONDENTS:
1 THE BANK MANAGER FEDERAL BANK, KODUVALLY BRANCH, IRIS TOWER, KODUVALLY P.O, KOZHIKODE DISTRICT, PIN – 673572.
2 STATION HOUSE OFFICER SOLA HIGH COURT POLICE STATION, AHAMEDABAD CITY, GUJRAT STATE-380081, EMAIL : CC-CID@GUJARAT.GOV.IN, POLSTN-SOLA-AHD@GUJARAT.GOV.IN, PIN – 380081.
SRI. MOHAN JACOB GEORGE, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).11920/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11920 OF 2024 & Conn. Cases 23 T.R.RAVI, J.
------------------------------------------------------- [WP(C) Nos.11920/2024, 11698/2024, 11724/2024, 11946/2024, 12222/2024, 12404/2024, 12411/2024, 12507/2024, 12610/2024, 12626/2024, 12689/2024, 12794/2024, 12815/2024, 12836/2024 & 12850/2024] -------------------------------------------------------- Dated this the 09th day of April, 2024 JUDGMENT In all these cases, the petitioners are holders of accounts with different Banks and their accounts have been frozen on intimation by Police Authorities from different regions. 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 Banks have 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
WP(C) NO. 11920 OF 2024 & Conn. Cases 24 [ 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 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
WP(C) NO. 11920 OF 2024 & Conn. Cases 25 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.” These writ petitions are also disposed of with the above said directions.
Sd/- T.R.RAVI JUDGE mpm
WP(C) NO. 11920 OF 2024 & Conn. Cases 26 APPENDIX OF WP(C) 11920/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER'S ACCOUNT, HAVING ACCOUNT NO. 4849080513 MAINTAINED IN THE KOTAK MAHINDRA BANK FOR THE PERIOD OF 13/11/2023 TO 13/02/2024 ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 17.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT BANK.
Exhibit P3 THE TRUE COPY OF THE COMPLAINT DETAIL DATED 14.12.2023 ISSUED BY THE 3RD RESPONDENT.
WP(C) NO. 11920 OF 2024 & Conn. Cases 27 APPENDIX OF WP(C) 11698/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE PETITIONER WITH THE 1ST RESPONDENT BANK FOR THE PERIOD FROM 01/01/2024 TO 03/02/2024, WITH RESPECT TO ACCOUNT NO.
0092053000012789.
Exhibit P2 TRUE COPY OF THE LETTER DATED 16/03/2024 ISSUED BY THE BRANCH MANAGER, VALANCHERY BRANCH, SOUTH INDIAN BANK TO THE PETITIONER.
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA REPORTED AS 2023 KLT ONLINE 2111 (DR.SAJEER -VS- RESERVE BANK OF INDIA).
WP(C) NO. 11920 OF 2024 & Conn. Cases 28 APPENDIX OF WP(C) 11724/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE PASS BOOK WITH RESPECT TO THE ACCOUNT NO.
99980113819671 OF THE PETITIONER WITH THE 1ST RESPONDENT BANK.
Exhibit P2 TRUE COPY OF THE ORDER DATED 01/03/2024 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.8303/2024.
Exhibit P3 TRUE COPY OF THE EMAIL COMMUNICATION DATED 14/03/2024 FORWARDED BY THE ASSISTANT BRANCH MANAGER, THE FEDERAL BANK LIMITED, PUTHANATHANI BRANCH TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE LETTER DATED 15/03/2024 FORWARDED BY THE PETITIONER TO THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA REPORTED AS 2023 KLT ONLINE 2111 (DR.SAJEER -VS- RESERVE BANK OF INDIA).
WP(C) NO. 11920 OF 2024 & Conn. Cases 29 APPENDIX OF WP(C) 11946/2024 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGE OF PASSBOOK DATED 11-06-2020.
Exhibit P2 A TRUE COPY OF NOTICE DATED 29/03/2023 FORWARDED BY THE SENIOR MANAGER AND BRANCH HEAD, FEDERAL BANK LIMITED, KONGAD BRANCH TO THE PETITIONER.
Exhibit P3 A TRUE COPY OF THE E-MAIL DATED 30/03/2023 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 A TRUE COPY OF THE LETTER DATED 10/01/2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT BANK.
Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA REPORTED AS 2023 KLT ONLINE 2111 (DR.SAJEER -VS- RESERVE BANK OF INDIA).
WP(C) NO. 11920 OF 2024 & Conn. Cases 30 APPENDIX OF WP(C) 12222/2024 PETITIONER’S EXHIBITS Exhibit-P1 TRUE PHOTOSTAT COPY OF THE GST REGISTRATION CERTIFICATE DATED 13.09.2023 ISSUED BY STATE TAX OFFICER, GOVERNMENT OF INDIA.
Exhibit-P2 TRUE PHOTOSTAT COPY OF THE DETAILS OF THE CYBER COMPLAINTS DATED NIL GIVEN BY THE 4TH RESPONDENT.
Exhibit-P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 16.03.2024 ISSUED BY THE PETITIONER TO THE 3RD AND 4TH RESPONDENTS.
Exhibit-P4 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY INDIA POST DATED 21.03.2024.
Exhibit-P5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 16.03.2024 SENT TO THE 2ND RESPONDENT.
Exhibit-P6 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY INDIA POST DATED 21.03.2024.
ANNEXURE-1 TRUE PHOTOSTAT COPY OF THE EMAIL DATED 08.04.2024 SEND TO RESPONDENTS 5 TO 8.
WP(C) NO. 11920 OF 2024 & Conn. Cases 31 APPENDIX OF WP(C) 12404/2024 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMMUNICATION SENT TO THE 3RD RESPONDENT DATED 10.3.2024.
Exhibit P2 TRUE COPY OF THE JUDGEMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.28155/2023 DATED 4TH, OCTOBER, 2023.
WP(C) NO. 11920 OF 2024 & Conn. Cases 32 APPENDIX OF WP(C) 12411/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE BANK STATEMENT OF THE PETITIONER WITH THE FEDERAL BANK IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1.
Exhibit P2 A TRUE COPY OF THE ACKNOWLEDGEMENT NUMBERS DIRECTING TO FREEZE THE PETITIONER'S ACCOUNT, IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.
WP(C) NO. 11920 OF 2024 & Conn. Cases 33 APPENDIX OF WP(C) 12507/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT DATED 12-02-2024 TO THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE RECEIPT OF THE ALLEGED ILLEGAL TRANSACTION DATED 26/05/2023.
Exhibit P3 A TRUE COPY OF THE E-MAIL ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT BANK DATED 21/03/2024.
Exhibit P4 A TRUE COPY OF THE E-MAIL SENT BY THE PETITIONER TO THE CYBER CERT DATED 07/03/2024.
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED 05/06/2023 OF THE HON'BLE HIGH COURT OF KERALA IN WP(C)18199 OF 2023.
WP(C) NO. 11920 OF 2024 & Conn. Cases 34 APPENDIX OF WP(C) 12610/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF EMAIL COMMUNICATION ISSUED BY 1ST RESPONDENT ISSUED TO PETITIONER DATED 11.09.2023.
Exhibit P2 TRUE COPY OF STATEMENT OF PETITIONER MAINTAINED IN 1ST RESPONDENT BANK IN RESPECT OF BANK ACCOUNT BEARING NO.
77770121352682.
Exhibit P3 TRUE COPY OF STATEMENT OF PETITIONER MAINTAINED IN 1ST RESPONDENT BANK IN RESPECT OF BANK ACCOUNT BEARING NO.
99980117637103.
Exhibit P4 TRUE COPY OF JUDGMENT DATED 15.12.2023 IN W.P (C) NO.35221/2023 PASSED BY THE HON'BLE HIGH COURT.
WP(C) NO. 11920 OF 2024 & Conn. Cases 35 APPENDIX OF WP(C) 12626/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE EMAIL DATED 24.11.2022 ISSUED BY THE 1ST RESPONDENT BANK ONLINE TEAM OF FI CARE.
Exhibit P2 TRUE COPY OF THE COMPLAINT DETAIL NOTICE ISSUED BY THE 2ND RESPONDENT TO 1ST RESPONDENT COMPLAINT DATED 30.06.2022.
Exhibit P3 TRUE COPY OF THE EMAIL DATED 05.04.2023 SENT BY THE PETITIONER TO 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE E-MAIL DATED 08.01.2024 SENT BY THE 1ST RESPONDENT TO THE PETITIONER.
WP(C) NO. 11920 OF 2024 & Conn. Cases 36 APPENDIX OF WP(C) 12689/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY THE REPRESENTATION DATED 11-03-2024 ISSUED BY THE PETITIONER TO THE 3RD AND 4TH RESPONDENTS.
Exhibit P2 TRUE PHOTOSTAT COPY OF THE POSTAL RECEIPTS DATED 11-03-2024.
Exhibit P3 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 13-03-2024 ISSUED TO THE 2ND RESPONDENT.
Exhibit P4 TRUE PHOTOSTAT COPY OF THE POSTAL RECEIPT DATED 13-03-2024.
WP(C) NO. 11920 OF 2024 & Conn. Cases 37 APPENDIX OF WP(C) 12794/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 15.12.2023 ISSUED BY THE 1ST RESPONDENT.
WP(C) NO. 11920 OF 2024 & Conn. Cases 38 APPENDIX OF WP(C) 12815/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE BRANCH MANAGER, ICICI BANK, PALARIVATTAM, BRANCH.
WP(C) NO. 11920 OF 2024 & Conn. Cases 39 APPENDIX OF WP(C) 12836/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE ACCOUNT DETAILS OF THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE COMMUNICATION BY THE 1ST RESPONDENT BANK TO THE PETITIONER DATED 06/03/2024.
Exhibit P3 A TRUE COPY OF THE BANK STATEMENT FOR THE PERIOD FROM 9/01/2024 TO 17/03/2024 OF THE PETITIONER.
Exhibit P4 A TRUE COPY OF THE REQUEST DATED 23/03/2024.
WP(C) NO. 11920 OF 2024 & Conn. Cases 40 APPENDIX OF WP(C) 12850/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 16.03.2024 ISSUED BY THE 1ST RESPONDENT.