IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 20^TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 WP(C) NO. 6731 OF 2025 PETITIONER:

M/S KERALA VASTHRALAYAM

4/955-A, NO, KUNNAMKULAM, KUNNAMKULAM, THRISSUR, KERALA, REPRESENTED BY ITS PROPRIETOR REGI BABY CHERUVATHOOR., PIN - 680503 BY ADVS.

EBIN MATHEW P.J.MATHEW AKHILA SHOJI KRISHNAPRIYA PRASAD RESPONDENTS:

1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001

2 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014

3 DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PATNA CYBER POLICE STATION, NEAR LALIT BHAWAN,PATNA,BIHAR, PIN - 800001

4 SOUTH INDIAN BANK KUNNAMKULAM BRANCH, 510A3, M.C. TOWERS, THRISSUR ROAD, KUNNAMKULAM, KERALA, PIN - 680503

5 HDFC BANK KUNNAMKULAM BRANCH,BETHANY ST.JOHN’S ENGLISH HIGH SCHOOL, THRISSUR ROAD, KUNNAMKULAM, PIN - 680503 BY ADVS.

Sunil Shankar A SHAHIER SINGH M.

VIDYA GANGADHARAN(K/000424/2020)

ARYA SATHEESH(K/002139/2024)

SHARAN SHAHIER(K/1202/2010)

DSGI SRI T C KRISHNA GP SMT VIDYA KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 20^th day of March, 2025 The writ petition is filed to lift the freezing/lien marked on the petitioner’s bank account bearing No.0334083000000004 with the 4^th respondent bank and account bearing No. 50200064493050 with the 5^th respondent bank.

2.The petitioner is the holder of the above bank accounts with the respondents 4 and 5. The petitioner states that the respondents 4 and 5 have frozen/lien marked the petitioner’s bank account pursuant to the requisitions received from the police. The action of the respondents 4 and 5 is illegal and arbitrary. Hence, this writ petition.

3. Heard; the learned counsel appearing for the petitioner, the learned Government Pleader and the learned counsel appearing for the respondents 4 and 5 banks.

4. The learned counsel for the 4^th respondent bank submitted that as per Ext.P6, the disputed amount is Rs.16,55,300/-. The said submission is recorded.

5. The learned counsel for the 5^th respondent bank submitted that a lien for Rs.1770/- is marked on the petitioner's bank account. The said submissions are recorded.

6. In considering an identical matter, this Court in Dr.Sajeer v. Reserve Bank of India [2024 (1) KLT

826] held as follows:

“ a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective 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 respective 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 Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it 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 their Banks in terms of directions (b) above, the petitioners or such among them, 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.”

7. Subsequently, this Court in Nazeer K.T v.

Manager, Federal Bank Ltd [2024 KHC OnLine 768], after concurring with the view in Dr.Sajeer's case (supra) and taking into consideration Section 102 of the Code of Criminal Procedure (now S