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2026 Supreme(Online)(Ker) 6976

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
ABDUL RAFEEQUE KAVUNGAL – Appellant
Versus
BANK OF BARODA – Respondent
WP(C) NO. 45296 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.FAHAD HUSSAIN, SHRI.SIDDIQUE C.
For the Respondents: K.ANAND, SC, BANK OF BARODA, SMT.G.SHEEBA, GP.

The court reaffirms the constitutional protection against arbitrary restrictions on property, emphasizing limited account freezes consistent with statutory requirements.

Headnote:This writ petition addresses the legality of the debit freezing/lien imposed on the petitioner's bank account by the Bank of Baroda at the request of police authorities, claiming violation of Sections 106 & 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Article 300A of the Constitution of India. The court directs the bank to allow the petitioner to operate his account, limiting the freeze to a disputed amount of Rs.446.56, emphasizing that future requisitions may be challenged. The primary issue revolves around whether the petitioner, not being an accused in the related crime, can contest the debit freeze based on constitutional and statutory provisions. Ultimately, the court validates the limited freeze and empowers the petitioner to address future actions via legal challenge.

Table of Content
1. challenge to bank's debit freeze based on statutory provisions. (Para 1)
2. confirmation of requisition amount and operational limits. (Para 2)
3. court's directive allowing limited access to funds. (Para 3)

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.3 for debit freezing of the account of the Petitioner mentioned in the Writ Petition, in which the transaction amount is stated as Rs.31,500/- and the disputed amount is stated as Rs.446.56. Ext.P3 also shows the same. Hence, I take the disputed amount of Rs.446.56 as the Requisition amount from the Respondent No.3 for debit freezing of the account of the Petitioner.

3. Since the frozen amount involved is only Rs.446.56, I dispose of this Writ Petition directing the Bank to permit the petitioner to operate his account forthwith, confining the debit freezing to Rs.446.56, and making it clear that this judgment will not stand in the way of the Bank effecting debit freezing/lien based on the requisitions communicated in the future, and in such case, the Petitioner will be at liberty to challenge the same.

Sd/-

M.A.ABDUL HAKHIM JUDGE mus APPENDIX OF WP(C) NO. 45296 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE BANK ACCOUNT STATEMENT DATED 31-10-2021 EXHIBIT P2 THE TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT BANK VIA EMAIL ON 20.11.2025 EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 14-07-2025, ISSUED BY THE 2ND RESPONDENT BANK EXHIBIT P4 THE TRUE COPY OF DECISION 2025 (4) KHC 181 ( HEADSTAR GLOBAL PVT. LIMITED V. STATE OF KERALA ) OF THIS HON’BLE COURT DATED

02.06.2025 EXHIBIT P5 A TRUE COPY OF THE DECISION 2025 KHC ONLINE

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