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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Mukesh Kumar Jain S/o. Chandhamal Jain – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. common reliefs in connected writ petitions. (Para 1 , 2) |
| 2. opposing statements filed by respondent. (Para 4) |
| 3. petitioners challenge freezing absent crime nexus. (Para 5 , 7) |
| 4. alternative remedy under section 503 bnss mandatory. (Para 8 , 9) |
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. Since same reliefs are sought in both these Writ Petitions, these Writ Petitions are disposed of by a common judgment.
2. The Petitioner in W.P.(C) No.28966/2025 is the son of the Petitioner in W.P.(C) No.28204/2025. The prayers in these Writ Petitions are to quash Exts.P1 Communications passed by the Respondent No.2 in V.C.No.09/2025/EKM directing the Respondent No.3 to freeze the bank accounts of the Petitioners mentioned in Exts.P1, to issue a Writ of Mandamus commanding the Respondent No.3 to remove the freeze on the bank accounts of the Petitioners and allow them to use the accounts and to declare that the Bank has no right to freeze the accounts of the Petitioners otherwise than provided under Section 106 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Ext.P1 in W.P.(C) No.28204/2025 is dated 24.05.2025 and Ext.P1 in W.P.(C) No.28966/2025 is dated 22.05.2025. The allegation in Exts.P
Writ petitions challenging bank account freezing under Section 106 BNSS not maintainable; approach Magistrate under Section 503 BNSS.
Police can freeze bank accounts under Section 106 BNSS without prior notice, but only the amounts suspected of being linked to crimes, not entire balances; account holders must be informed post-seizu....
The central legal point established in the judgment is that the freezing of a bank account under Section 102 of Cr.P.C requires the fulfillment of pre-conditions, including a reasonable suspicion of ....
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
A bank's freezing of an account upon police requisition must comply with legal provisions to ensure the affected individual’s rights are safeguarded.
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