Sekar Garments (Gstin 33Fmjpb2357F1Zc) vs. State Of Kerala
Held
The Court held that freezing the entire bank account for an alleged sum of Rs. 7,48,000/- was excessive and violative of Article 14 of the Constitution. It directed that the freezing be confined only to the said amount, allowing the petitioner to operate the rest of the account. The petitioner was also given an option to keep the disputed amount in a separate lien account.
Facts
Sekar Garments, a proprietary concern, had its bank account frozen by the Cyber Crime Police due to an FIR alleging cheating, where Rs. 7,48,000/- was credited into its account. The petitioner claimed the amount was for garment sales and sought defreezing, arguing the blanket freezing was excessive and crippled its business. The police suspected the petitioner's involvement, citing failure to respond to a Section 41A Cr.P.C. notice and a non-existent address.
Key Issues
The key legal issue was whether the freezing of the petitioner's entire bank account by the police, for a specific disputed amount, was a proportionate and constitutionally valid action under the Code of Criminal Procedure.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WP(CRL.) NO. 732 OF 2023 FIR 30/2023 OF CHIEF JUDL.MAGISTRATE, ERNAKULAM PETITIONER : SEKAR GARMENTS (GSTIN 33FMJPB2357F1ZC) OLD NO.28, (NEW NO.14), GENERAL MUTHIAH STREET, SOWCARPET, ARIYALUR, TAMIL NADU STATE, PIN- 600 079, REPRESENTED BY ITS PROPRIETOR MR. B. GNANASEKAR, AGED 35 YEARS, NO.46, MILK DIPPO, BASIN BRIDGE ROAD, WASHERMENPET, CHENNAI, PIN – 600 079 BY ADVS. SHIBIN K.F. SEBY JOSEPH RESPONDENTS : 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, ROOM NO. 376, MAIN BLOCK, THE SECRETARIATE, THIRUVANANTHAPURAM, KERALA STATE, PIN – 695 001 2 THE INSPECTOR OF POLICE, THE CYBER CRIME POLICE STATION, ERNAKULAM RURAL, SUB-JAIL ROAD, NEAR ALUVA POLICE STATION, ALUVA, ERNAKULAM DISTRICT, KERALA STATE, PIN – 683 101 3 THE HDFC BANK LTD., RAMON HOUSE, 169, BACKBAY RECLAMATION, H T PAREKH MARG, CHURCHGATE, MUMBAI, MAHARASHTRA. REPRESENTED BY I
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