Muhammed Sakkariya vs. Secretary
Held
The Court directed the respondent Bank to confine the freeze order only to the extent of the amount mentioned in the police requisition, allowing the petitioner to transact beyond that limit. Police authorities were directed to inform the Bank within eight months if the freeze needs to continue and for what further time, failing which the petitioner could approach the Court again.
Facts
The petitioner's bank account was frozen by the Federal Bank based on a requisition from police authorities, likely related to a cybercrime investigation. The petitioner sought to unfreeze or limit the freeze on the account. The issues involved were admitted by parties to have been previously answered by the Court in a connected matter.
Key Issues
The key legal issue was the extent to which a bank account could be frozen by a bank based on police requisitions, and the duration for which such a freeze could be maintained without further intimation from the police authorities.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17TH DAY OF NOVEMBER 2023 / 26TH KARTHIKA, 1945 WP(C) NO. 26177 OF 2022 PETITIONER: MUHAMMED SAKKARIYA AGED 42 YEARS, S/O SAIDALAVI, KAZHUNGUM THOTTATHIL, KOOMANA CHENAKKAL, PERUVALLUR ABDU RAHIMAN NAGAR, MALAPPURAM DISTRICT, PIN - 676306 BY ADVS. K.MOHAMMED RAFEEQ P.M.MATHEW AMARNATH R LAL SANALDEV E.P. VISHNUMAYA ANANDAN RESPONDENTS: 1 SECRETARY HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT - 695001 2 FEDERAL BANK CHELARI BRANCH, VELIMUKKU P.O, MALAPPURAM DISTRICT, PIN – 676317 REPRESENTED BY ITS MANAGER 3 BRANCH MANAGER FEDERAL BANK, CHELARI BRANCH, VELIMUKKU P.O, MALAPPURAM DISTRICT - 676317 4 ADDL.R4 NODAL OFFICER OF KERALA STATE, NATIONAL CYBER CRIME REPORTING PORTAL, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110037. 5 ADDL.R5 ADDITIONAL DIRECTOR GENERAL OF POLICE, PHULKIAN ENCLAVE, DASHMESH NAGAR, PATIALA, PUNJAB-147001. 6 ADDL.R6 STATION HOUSE OFFICER, CYBER CRIME CELL, PATIALA, B-BLOCK, MINI SECRETARIAT, PATIALA, PUNJAB-147001. W.P.(C).No. 26177 of 2022 : 2 : [ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER DATED 23.08.2023 IN I.A
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