The court confirmed the limitations on freezing bank accounts based on police instructions, emphasizing necessary communications between banks and law enforcement.

J U D G M E N T

Petitioner approached this Court aggrieved by freezing of his account maintained with Chavakkad branch of the 1^st respondent Bank. Notice was issued to the 2^nd respondent and it was served on the said respondent. However there is no appearance for the 2^nd respondent.

2. Learned Standing Counsel on instructions submitted that lien was marked for an amount of Rs.10,000/- on the basis of instructions received from Cyber police, Tamil Nadu.

3. Notice was issued to the 2^nd respondent police authority by speed post and also by e-mail as provided under Rule 51(3) of the Rules of the High Court of Kerala, granting sufficient time to respond. However, there is no appearance for them. Therefore, I proceed to dispose of this writ petition by issuing directions incorporating sufficient conditions to protect the interest of the respondent police authority also to avoid delay in disposal of the writ petition.

4. Since there is no appearance for the 2^nd respondent despite service of notice, I dispose of this writ petition with the following directions:

(i) The 1^st respondent Bank is directed to confine the freezing of the petitioner's bank account only to the extent of the amount mentioned in the order/requisition issued by the Police Authorities. This shall be done forthwith, so as to enable the petitioner to transact through his account beyond the said limit;

(ii) The Police Authorities concerned are hereby directed to inform the Bank as to whether freezing of the petitioner's account will be required to be continued even in the aforesaid manner; and if so, for how long;

(iii) On the Bank receiving the aforesaid information/intimation from the Police Authorities, they shall comply with it and complete necessary action - either continuing the freezing or lien for such period as mentioned therein; or withdrawing it, as the case may be;

(iv) The police officers concerned shall inform the Bank whether the seizure of the amount in the bank account has been reported to the jurisdictional Magistrate and if not, the time limit within which the seizure will be reported. If no intimation as to the compliance or the proposal to comply with Section 106 of the BNSS is received by the Bank within two months of receipt of a copy of this judgment, the Bank shall lift the debit freeze or remove the lien, as the case may be, on the petitioner's bank account;

(v) In order to enable the Police to comply with the above direction, the Bank, as well as the petitioner, shall forthwith serve a copy of this judgment to the police officer concerned and retain proof of such service.

5. It is clarified that the police authority concerned shall be at liberty to approach this Court to seek review of this judgment if required.

6. The respondent Bank is not precluded from freezing or imposing lien on the petitioner's account on receipt of any subsequent requests/ orders from any law enforcing agencies or courts.

The writ petition is ordered accordingly.