Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 WP(C) NO. 25946 OF 2023 NAME AND ADDRESS OF THE PETITIONER:
ANEESH NASHID K ALIAS ANEESH RASHID, S/O ABDUL RAHEED, PROPRIETOR S.K.A FRUITS CHENGANA BYPASS MANJERI RESIDING AT KODUVALI (H) KATTIPARA (P.O) MANJERI, PIN – 679329, KERALA BY ADVS.
T.K.RAJESHKUMAR JIJO JOSE ABHISHEK DHANANJAY DEEPAK MANOJ V GEORGE NAME AND ADDRESS OF THE RESPONDENTS:
1 STATE OF KERALA THROUGH STATION HOUSE OFFICER CUSBA POLICE STATION, KOZHIKKODE CUSBA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA KERALA, PIN - 682031 2 HOUSING DEVELOPMENT FINANCE CORPORATION BANK (HDFC) REPRESENTED BY ITS MANAGER, THARIF BUILDING, OPPOSITE JAYAREE AUDITORIUM, CALICUT ROAD, MALAPPURAM, MANJERI, KERALA, PIN - 676121 3 ADDL. R3. SHO, THAMARASSERY, THAMARASSERY POLICE STATION, THAMARASSERY P.O., PIN-673573 (IS SUOMOTU IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER THE ORDER DATED 11.08.2023 IN WP(C) 25946/2023) BY ADV.
SHRI. B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.25946 OF 2023 2 P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C) No.25946 of 2023 ---------------------------------------------- Dated this the 22nd day of August, 2023 JUDGMENT The above writ petition is filed with the following prayers:
“1. To direct the 1st respondent, SHO Thamarassery police station to instruct the 2nd respondent bank to De-freeze the current bank account of the Petitioner having account bearing number 59209746512027;
2. Direct Respondent Police to take necessary bonds from the Petitioner if desired so and not cause any impediment to trade and business of the Petitioner.
3. To direct the 1st respondent to not unlawfully and without authorization cause obstruction in the lawful business of the Petitioner;
4. To grant any such other relief/s to the Petitioner as this Hon’ble Court shall deem fit in the
WP(C) NO.25946 OF 2023 3 interest of justice.”[SIC] 2.
This writ petition is filed for issuing appropriate direction to the 1st respondent to instruct the 2nd respondent bank to de-freeze the current bank account of the petitioner. The Government Pleader after getting instructions submitted that, the account is freezed based on the order passed by the Judicial First Class Magistrate court – I, Thamaraseery in CMP No.1313 of 2023 dated 10.07.2023. If that be the case, the petitioner has to approach the court concerned with appropriate application, if the petitioner has got any case to de-freeze the account.
Granting liberty to the petitioner to approach the competent court, this writ petition is closed.
Sd/- P.V.KUNHIKRISHNAN DM JUDGE
WP(C) NO.25946 OF 2023 4 APPENDIX OF WP(C) 25946/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LICENSE DATED 22- 06-2022 ISSUED TO THE PETITIONER BY THE MANJERI MUNICIPALITY EXHIBIT P2 A TRUE COPY OF THE REGISTRATION CERTIFICATE BY THE GST DEPARTMENT DATED 13/2/2023 EXHIBIT P3 TRUE COPY OF THE IT RETURNS FILED FOR THE ASSESSMENT YEAR 2022-2023 DATED 27/06/2022 EXHIBIT P4 TRUE COPY OF THE ACCOUNT STATEMENT EXHIBIT P5 TRUE COPY OF THE EMAIL DATED 21/07/2023 EXHIBIT P6 A TRUE COPY OF THE FIR IN CRIME NO 492/2022 DATED 01/09/2022 RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE