K.G. Jayaprakash vs. Union Of INDIA
Held
The Court directed banks to confine the freeze on petitioners' accounts only to the amount specified in the police requisition. Police authorities were ordered to inform banks about the necessity of continuing the freeze within eight months.
Facts
Multiple writ petitions were filed challenging the freezing of bank accounts by police authorities in connection with cybercrime investigations. The petitioners sought to unfreeze their accounts to the extent of amounts not implicated in the alleged offenses.
Key Issues
The primary issue was whether bank accounts could be frozen entirely or only to the extent of the alleged fraudulent amounts, and the procedure for continuing or lifting such freezes.
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Heard together (2 matters)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 6TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945 WP(C) NO. 31870 OF 2023 PETITIONER: MUNAVVAR KONIKKAUZHIYIL, AGED 33 YEARS KONIKKUZHIYIL HOUSE, POONTHAVANAM (PO)KEEZHATTUR, MALAPPURAM DISTRIC, PIN - 679325 BY ADVS. V.VISAL AJAYAN M.R.ABHILASH A.SREEPRIYA RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001 2 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY-8 MAHIPALPUR, NEW DELHI, PIN - 110037 3 STATION HOUSE OFFICER TIRUCHANUR POLICE STATIONURBAN POLICE DISTRICT, NEERAADA MANDAPAM,TIRUCHANOOR RD, TIRUCHANUR, TIRUPATI,REPRESENTED BY THE STATE OF ANDHRA PRADESH ANDHRA PRADESH, PIN - 517503 4 RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA, PIN - 400029 5 HDFC BANK PERINTHALMANNA BRANCH SREE CPLX CALICUT RD, OPP. KALYAN JEWELERS, PERINTALMANNA, KERALA, PIN - 679322 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2023, ALONG WITH WP(C).37933/2023 AND CONNECTED CASES, THE COURT ON T
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