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HIGH COURT OF KERALA
Devan Ramachandran, J
K. KUNHAPPU – Appellant
Versus
THE UNION OF INDIA – Respondent
WP(C) 34753/2023
Banking - Accounts - (W.P.C. Nos.31870/2023, 32664/2023, 34111/2023, 34753/2023) - The court ordered that the freezing of bank accounts should be limited to specified amounts, with directions for police authorities to review account freezes within eight months.
Fact of the Case:
The cases involved multiple writ petitions related to the freezing of bank accounts by respondent Banks as per requisitions from police authorities. The court considered the arguments presented in a prior judgment and aimed to clarify the extent of account freezes.
Finding of the Court:
The court found that the freezing of accounts should not exceed the amounts stated in requisitions, ordering the banks to allow transactions beyond the frozen amounts while requiring police authorities to provide timely updates regarding the status of these freezes.
Issues: The key issue was whether the banks could freeze accounts beyond the specified limits and the procedural requirements for police authorities to notify the banks regarding the continuation of account freezes.
Ratio Decidendi: The court determined that the limitation of account freezing to specified amounts is essential for balancing law enforcement interests and the rights of the account holders, emphasizing procedural fairness.
Final Decision: The court allowed the writ petitions with specific directions concerning the freezing of accounts.
JUDGMENT
[WP(C) Nos.31870/2023, 32664/2023, 34111/2023, 34753/2023, 35752/2023, 35970/2023, 36267/2023, 36709/2023, 36877/2023, 36982/2023, 37139/2023, 37814/2023, 37933/2023, 38012/2023, 38024/2023, 38109/2023, 38175/2023, 38245/2023, 38362/2023, 38894/2023, 38958/2023, 38959/2023]
The facts involved in these cases are covered by the judgment of this Court in W.P.(C).No.12960/2023 and connected matters. Since the learned counsel for the parties are ad idem on this, I allow these writ petitions in terms of the said judgment.
Consequently, I order these writ petitions with the following directions:
(a) The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit.
(b) The respondent – Police Authorities concerned are hereby directed to inform the Banks as to whether freezing of accounts of the petitioners in these writ petitions will require to be continued even in the afore manner; and if so, for what further time, within a 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 Banks in terms of directions (b) above, the petitioners will be at full liberty to approach this Court again; for which purpose, all their contentions in these writ petitions are left open and reserved to them, to impel in future.
(e) I, however, clarify that this judgment will apply to every requisition received by the Banks from any Police Authority, whether it be single or multiple, and the fees will be confined to all such amounts.
Sd/- DEVAN RAMACHANDRAN JUDGE MC/8.12 APPENDIX OF WP(C) 31870/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO.379//2021 OF TIRUCHANUR POLICE STATION DATED
14.07.2021 Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 14.10.2021 Exhibit P3 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC.20746/2023 DATED 26.06.2023 Exhibit P4 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC.21085/2023 DATED 27.06.2023 APPENDIX OF WP(C) 32664/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER ISSUED BY THE UNIVERSITY OF CENTRAL LANCASHIRE DEMANDING PAYMENT OF PENDING TUITION FEES Exhibit P2 A TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER Exhibit P3 A TRUE COPY OF THE INFORMATION GIVEN BY THE BANK Exhibit P4 A TRUE COPY OF E-MAIL REPLY DATED, 02.09.2023 APPENDIX OF WP(C) 34111/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE E-MAIL RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT DATED
11.10.2023 PERTAINING TO BANK ACCOUNT NUMBER 249005000698 Exhibit P2 THE TRUE COPY OF THE ORDER DATED 21.07.2023 IN WP (C) NO. 23805/2023 (A) OF THIS HONOURABLE HIGH COURT OF KERALA APPENDIX OF WP(C) 34753/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE E-MAIL ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 13-10- 2023 Exhibit P2 TRUE COPY OF THE INSTRUCTION GIVEN BY THE
4TH RESPONDENT DATED 25-09-2023 TO THE 5TH RESPONDENT APPENDIX OF WP(C) 35752/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER DATED 10.7.2023 FROM THE 9TH RESPONDENT STATING THAT A LIEN HAS BEEN MARKED ON PETITIONER'S ACCOUNT AS PER THE INSTRUCTIONS RECEIVED FROM THE 6TH AND 7TH RESPONDENTS APPENDIX OF WP(C) 35970/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CR.P.C. 91 NOTICE DATED 03-01-2023 Exhibit P2 A TRUE COPY OF EMAIL DATED 15-7-2023 APPENDIX OF WP(C) 36267/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED NIL ISSUED TO THE PETIT
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