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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
MUHAMED ASKER – Appellant
Versus
ESAF BANK TANALUR BRANCH – Respondent
| Table of Content |
|---|
| 1. challenge to account freezing based on unlawful requisition. (Para 1) |
| 2. confirmation of banking actions aligned with police orders. (Para 2) |
| 3. court's guidance for future account freezing protocols. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 4. final directives on account access and police communication. (Para 9) |
JUDGMENT
1. The Petitioner has filed this Writ Petition challenging the debit freezing/lien of his Bank account with the Respondent/Bank at the requisition of the Police Authorities. The case of the Petitioner is that the Petitioner is not an accused in the Crime registered by the Police authorities against some other persons, in which the requisition was made; that the Petitioner is in no way connected with the said Crime; and that the debit freezing/lien of the account is in violation of Sections 106 & 107 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ) and Article 300A of the Constitution of India .
2. The learned Counsel for the Respondent/Bank, after getting instructions from the Bank, confirmed that the Bank has received a Requisition from the Respondent No.2 for an amount of Rs.36,500/- for debit freezing of the account of the Petitioner mentioned in t
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