Judgment
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.
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[ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER DATED 23.08.2023 IN I.A-2/2023 IN WP(C) 26177/2022] BY ADVS.
SRI.V.JAYAPRADEEP, SC, FEDERAL BANK K.MOHAMMED RAFEEQ LAWRENCE D CUNHA GODWIN JOSE MATHEW KURIAN MATTAM JIJO ISAAC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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DEVAN RAMACHANDRAN, J.
========================= W.P.(C).No. 26177 of 2022 ========================== Dated this the 17th day of November, 2023
JUDGMENT It is without doubt, and as is unequivocally admitted by the parties, that the issues involved in this case have already been answered by this Court in WPC No.12960 of 2023 and connected matters.
In the afore circumstances, and since the learned counsel for the parties are ad idem as above, I allow this writ petition in terms of the afore judgment in the following manner:
a. The respondent Bank, is directed to confine the order of freeze against the account of the petitioner, only to the extent of the amount mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioner to deal with his account, and transact therein, beyond that limit.
b. The respondent – Police Authorities concerned are hereby directed to inform the Bank as to whether the freezing of the account of the petitioner in this Writ Petition will require to be continued even in the afore manner; and if so, for what further time, within a
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period of eight months from the date of receipt of a copy of this judgment.
c. On the Bank receiving the afore information/ intimation from the Police Authorities, they will adhere to the same 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 the Bank in terms of directions (b) above, petitioner will be at full liberty to approach this Court again; for which purpose, all his contentions in this Writ Petition are left open and reserved to him, to be impelled in future.
Sd/- DEVAN RAMACHANDRAN JUDGE anm
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APPENDIX OF WP(C) 26177/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 25.05.2022 ISSUED BY THE FIRST RESPONDENT BANK TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 27.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED 30.07.2022 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 25.08.2022IN WPC NO. 13548/2020 ON THE FILE OF THIS HONORABLE COURT RESPONDENTS' EXHIBITS EXHIBIT R2-1 GST REGISTRATION CERTIFICATE DATED 17/7/2017 EXHIBIT R2-2 LICENSE ISSUED BY OMASSERY GRAMA PANCHAYATH EXHIBIT R2-3 LETTER OF AUTHORITY TO OPERATE THE ACCOUNT DATED 11/01/2017 EXHIBIT R2-4 LETTER FOR CANCELLATION OF AUTHORITY DATED 20/05/2022