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2025 Supreme(Online)(Ker) 55568

IN THE HIGH COURT OF KERALA
M. B. Narayanan, J
Abhiraj Rajan v. State of Kerala


Advocates:
For the Appellants/Petitioners: -
For the Respondents: -

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The petitioner has challenged the freezing of their bank accounts, which was done pursuant to police requisition (!) (!) .
  • The court emphasized that account freezes should be limited to the specific amounts mentioned in the police requisition or order, and banks are directed to confine the freeze accordingly (!) .
  • If the police do not specify an amount in their requisition, the freeze should be lifted, allowing the petitioner to transact beyond the specified limit (!) .
  • The police are required to inform the banks whether the seizure of the accounts has been reported to the relevant Magistrate and specify the timeline for such reporting (!) .
  • If the police fail to inform the banks within a specified period (two months from the court's judgment), the banks must lift the freeze on the petitioner’s accounts (!) .
  • The police are also directed to communicate whether the seizure has been reported to the Magistrate and, if not, the timeframe for reporting, which impacts whether the freeze continues (!) (!) .
  • The court reaffirmed that freezes should not be indefinite and that account holders have a right to seek re-evaluation if the freeze persists without proper reporting or compliance (!) .

Please let me know if you need further analysis or specific legal advice.


1. The writ petition is filed to direct the respondents 4 and 5 banks to lift the debit freezing of the petitioner's bank accounts bearing Nos.50100404401993 and 17250100056086.

2. The petitioner is the holder of the above bank accounts with the respondents 4 and 5 banks. The petitioner contends that the respondents 4 and 5 banks have frozen the petitioner's bank accounts pursuant to the requisition received from the police. The action of the respondents 4 and 5 is illegal and arbitrary.

3. Heard; the learned counsel appearing for the petitioner, the learned Government Pleader and the learned counsel appearing for the 5th respondent.

4. The learned counsel appearing for the petitioner submitted that, even though Ext.P3 requisition was received from the 4th respondent, no amount has been mentioned in the said requisition. The learned counsel appearing for the 5th respondent submitted that the disputed amount is Rs.22,380/-. The said submission is recorded.

5. 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 a



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