Court directs limitation on account freezing per police requisition, ensuring compliance with procedural requirements.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM TH MONDAY, THE 10 DAY OF NOVEMBER 2025 / 19TH KARTHIKA, 1947 WP(C) NO. 34604 OF 2025 PETITIONER: HUNAISE M.A AGED 37 YEARS S/O BASHEER M. A, PARAYIL, CHERUVATTA, KURUVATTUR, KOZHIKODE, PIN - 673012 BY ADVS.SRI.ALBIN A. JOSEPH SRI.SUSANTH SHAJI SRI.SIDHARTH O.

SMT.NEKHA VARGHESE SRI.MUHAMMED SHADI SHABEEB P.S.

RESPONDENTS:

*1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI, PIN -110001 "CORRECTED AS"

UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN-110001.

ADDRESS CORRECTED AS PER ORDER DATED 13.10.2025 IN IA

1/25 IN WPC 34604/25

2 RESERVE BANK OF INDIA REPRESENTED BY ITS GENERAL MANAGER, BRANCH OFFICE, BANERJI ROAD, ERNAKULAM NORTH, KOCHI, PIN - 682018

3 THE MANAGING DIRECTOR SOUTH INDIAN BANK LTD, HEAD OFFICE T.B ROAD, MISSION QUARTERS, THRISSUR, KERALA, PIN - 680001

4 THE MANAGER SOUTH INDIAN BANK, KUNNAMANGALAM BRANCH BUILDING NO.

18/507, KARANTHUR, KUNNAMANGALAM PO, KOZHIKODE, PIN - 673571 **5 POLICE OFFICER, CYBERDOME TECHNOPARK, PHASE IV, KAZHAKKOOTTAM, THIRUVANANTHAPURAM, KERALA, PIN-695582 “CORRECTED AS"

STATION HOUSE OFFICER, CYBER CRIME POLICE STATION VIKAS BHAVAN, KSRTC DEPOT, VIKAS LN, PMG, THIRUVANANTHAPURAM, KERALA, PIN-695033 ADDRESS CORRECTED AS PER ORDER DATED 13.10.2025 IN IA

1/25 IN WPC 34604/25 BY SMT. O.M.SHALINA, DSGI BY ADV.SRI.SREEKANTH K.M.

BY SRI.SUNIL SHANAKR, STANDING COUNSEL BY SMT.VIDYA GANGADHARAN SRI. TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

10.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 10^th day of November, 2025

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 Standing Counsel for the Respondent/Bank, after getting instructions from the Bank, confirmed that the lien marked amount, as per the Requisition from the Respondent No.5, is Rs.50,500/-, and accordingly, the Bank has effected the same. The learned Government Pleader for the Respondent No.5 confirmed the Requisition.

3. This Court considered the same issue in Dr. Sajeer v. Reserve Bank of India [2024 (1) KLT 826], and this Court issued the following directions:

"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 direction (b) above, the Petitioners or such among them, will be at full liberty to approach this Court again;