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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN
SREEKALA K. W/O M. K. CHANDRAN – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent
JUDGMENT :
C. JAYACHANDRAN, J.
1. The petitioner herein is the 3rd accused in Crime No. VC/02/18/CRE of the Vigilance and Anti Corruption Bureau, Central Range, Ernakulam. She is aggrieved by the freezing of Exts P5 and P6 bank accounts in her name, pursuant to Exts P1 and P2 requests made by the Deputy Superintendent of Police, attached to the 4th respondent VACB. The specific ground raised is the non-adherence to the provisions of the Criminal Law Amendment Act, 1944 to freeze/attach the bank accounts of the petitioner. It is also urged that recourse to any of the provisions of the Code of Criminal Procedure is also not made. Another contention urged is that the accounts has been freezed without any enabling orders from a judicial authority. The seriousness of the issues involved impelled this Court to appoint an amicus curiae. Accordingly, Sri. John S. Ralph was appointed as the amicus.
2. Heard the learned amicus; learned counsel for the petitioner; learned Special Public Prosecutor (CBI); the learned counsel for the 2nd respondent Bar Council and learned counsel for the 3rd respondent, Dhanlaxmi Bank.
3. Before addressing the specific issues which have surfaced for consideration,
The freezing of bank accounts under Section 102 Cr.P.C. is valid despite the existence of specific provisions in the Criminal Law Amendment Act, and failure to report the seizure does not invalidate ....
The court affirmed that freezing bank accounts under Section 102 Cr.P.C. is valid, and failure to report the seizure does not invalidate the action, distinguishing between seizure and attachment unde....
(1) Power to freeze bank account of accused person – Powers under Section 18A of PC Act and Section 102, Cr.P.C. are not mutually exclusive.(2) Precedent – Courts ought not to be expected to follow J....
The court established that a bank account can be frozen under suspicion of criminal activity, and failure to report the freeze to the Magistrate does not invalidate the action.
Term ‘forthwith’ only requires that the act should be performed with reasonable speed and any delay in the matter should be satisfactorily explained.
The main legal point established in the judgment is the requirement to follow the procedure laid down under Sec. 102 Cr.P.C and the need for sufficient evidence to support the freezing of a bank acco....
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
The main legal point established in the judgment is the legality of freezing bank accounts under Section 102 Cr.P.C. and the applicability of this provision in the context of the case.
The main legal point established is that the freezing of bank accounts under the Prevention of Corruption Act and Cr.P.C. is justified if there are direct links with the commission of the offence. Ad....
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