A bank's freezing of an account must adhere strictly to legal requisitions and constitutional rights, ensuring the account holder's ability to access funds is maintained within defined limits.

THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

TH

FRIDAY, THE 16 DAY OF JANUARY 2026 / 26TH POUSHA, 1947

WP(C) NO. 38348 OF 2025

PETITIONER:

ASLAM.M.P

AGED 39 YEARS

S/O.MUHAMMED, RESIDING AT MUNDAKKAPARAMBATH, METHAL,

CHEROOPPA P.O MAVOOR, KOZHIKODE, PIN - 673661

BY ADVS.

SHRI.G.HARIHARAN

SRI.PRAVEEN.H. SMT.K.S.SMITHA

SMT.B.R.SINDU

SRI.V.R.SANJEEV KUMAR

SMT.AFNA V.P. SHRI.V.ROHITH

RESPONDENTS:

1 THE STATION HOUSE OFFICER

CYBER CRIME POLICE STATION, KOZHIKODE CITY, KOZHIKODE,

PIN - 673001

2 STATE BANK OF INDIA

POOVATTUPARAMBA BRANCH NO 58/2D POOVATTUPARAMBA

KOZHIKODE REPRESENTED BY ITS BRANCH MANGER,

PIN - 673008

ADDL.R3 THE COMMISSIONER

COMMISSIONERATE,CENTRAL CRIME BRANCH OF AVADI POLICE

206, NEHRU BAZAAR ROAD, VIVEKANANDA NAGAR, TNHB M-

BLOCK, AVADI, CHENNAI, TAMIL NADU -600054

(ADDITIONAL RESPONDENT NO. 3 IS IMPLEADED AS PER THE

ORDER DATED 02/12/2025 IN I.A.NO 1/25 IN WP(C)38348/25)

BY ADVS.

SHRI.TOM K.THOMAS – R2 SMT.G.SHEEBA – R1, GP.

SMT.BINI DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The Petitioner has filed this Writ Petition challenging the debit

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freezing/lien/hold 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/hold 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 .

The learned Counsel for the Respondent/Bank, after getting

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instructions from the Bank, confirmed that the Bank has received a Requisition from the Respondent No.3 for an amount of Rs.3,99,814/- for holding the said amount in the account of the Petitioner mentioned in the Writ Petition.

This Court considered similar issues relating to the debit

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freeze/lien inDr. Sajeer v. Reserve Bank of India [2024 (1) KLT 826] Nazeer K.T. v. Manager, Federal Bank , Makkaraparamba Branch [2024 KHC 768] andAbhiraj Rajan v. State of Kerala [2025 KHC 1676] .

This Court has been consistently issuing the directions

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contained in the aforesaid decisions with two other directions for effecting uncommunicated/further requisitions for debit freeze/lien/hold and making the frozen amount at the disposal of the jurisdictional Magistrate’s Court. This Writ Petition is to be disposed of, incorporating the same directions.

Accordingly, this Writ Petition is disposed of with the following

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directions:

The Respondent/Bank is directed to confine the order of i)

freeze/lien/hold against the account of the Petitioner only to the extent of the amounts mentioned in the orders/requisitions issued to the Bank by the Police Authorities, and it shall be done forthwith so as to enable the Petitioner to deal with his account and transact therein beyond that limit.

The respondents - Police Authorities concerned are hereby ii)

directed to inform the Bank as to whether freezing/lien/hold of the account of the Petitioner will require to be continued even in the aforesaid 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. On the Bank receiving the aforesaid information/intimation from iii)

the Police Authorities, the Bank will adhere to it and complete necessary action - either continuing the freeze/lien/hold for such period as mentioned therein; or withdrawing it, as the case may be.

If, however, no information or intimation is received by the Bank in iv)

terms of direction (ii) above, the Petitioner w