Kerala High Court
Minimol vs The Branch Manager on 2 December, 2025
WP(C) NO. 25020 OF 2025 :1: 2025:KER:93159
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 2ND DAY OF DECEMBER 2025 / 11TH AGRAHAYANA, 1947
WP(C) NO. 25020 OF 2025
PETITIONER:
MINIMOL
AGED 54 YEARS
W/O JACOB JOHN, JOBY BHAVAN, CHEMPAKARAMANALLOOR,
EDAMULACKAL, ANCHAL, KOLLAM, PIN - 691306
BY ADVS.
SHRI.BIJITH S.KHAN
SHRI.RAJESH O.N.
SHRI.AMEER SALIM
SHRI.ROY ANTONY
RESPONDENTS:
1 THE BRANCH MANAGER
HDFC BANK LTD, ANCHAL BRANCH, DOOR NO.11/1665,
ANCHAL, KOLLAM, PIN - 691306
2 SUPERINTENDENT OF POLICE
CYBER CRIME INVESTIGATION UNIT,
KOTWALI POLICE STATION, PATNA, PIN - 800001
3 INSPECTOR OF POLICE
CYBER CRIME AND INVESTIGATION UNIT, POLICE BHAVAN,
OPPOSITE AIRFORCE, GANDHINAGAR, SECTOR -18,
GUJARAT, PIN - 382021
BY ADV. SRI.MOHAN JACOB GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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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 WP(C) NO. 25020 OF 2025 :3: 2025:KER:93159 No.3 for an amount of Rs.10,000/- for debit freezing of the account of the Petitioner mentioned in the Writ Petition, and hence, the Bank has effected debit freezing of the account of the Petitioner.
3. The issue is covered by the decisions of this Court in Dr. Sajeer v. Reserve Bank of India [2024 (1) KLT 826], Nazeer K.T. v. Manager, Federal Bank, Makkaraparamba Branch [2024 KHC 768] and Abhiraj Rajan v. State of Kerala [2025 KHC 1676].
4. This Court has been consistently issuing the directions contained in the aforesaid decisions with two other directions for effecting uncommunicated/further requisitions for debit freeze/lien 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. WP(C) NO. 25020 OF 2025 :4: 2025:KER:93159
5. Accordingly, this Writ Petition is disposed of with the following directions:
i) The Respondent/Bank is directed to confine the order of freeze/lien 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.
ii) The respondents - Police Authorities concerned are hereby directed to inform the Bank as to whether freezing/lien 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.
iii) On the Bank receiving the aforesaid information/intimation from the Police Authorities, the Bank will adhere to it and WP(C) NO. 25020 OF 2025 :5: 2025:KER:93159 complete necessary action - either continuing the freeze/lien for such period as mentioned therein; or withdrawing it, as the case may be.
iv) If, however, no information or intimation is received by the Bank in terms of direction (ii) above, the Petitioner will be at full liberty to approach this Court again; for which purpose, all his contentions in the Writ Petitions are left open and reserved to him, to impel in the future.
v) The Police Officer concerned shall inform the Bank whether the seizure of the Bank Account has been reported to the jurisdictional Magistrate, and if not, the time limit within which the seizure will be reported. If no intimation as to the compliance or the proposal to comply with Section 102 Cr.P.C. (Section 106 BNSS) is informed to the Bank within three months of receipt of a copy of the judgment, the Bank shall lift the freeze/lien imposed on the Petitioner's account.
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vi) In order to enable the police to comply with the above direction, the Bank as well as the Petitioner shall forthwith serve a copy of this judgment to the officer concerned and retain proof of such service.
vii) The directions of this Court in this judgment will not stand in the way of the Bank effecting freezing/lien based on the requisitions communicated in the future to the Bank with respect to the same account of the Petitioner, and in such case, the Petitioner will be at liberty to challenge the same.
viii) The frozen/lien amount, if any, lying in the account of the Petitioner in accordance with the aforementioned directions, shall be at the disposal of the jurisdictional Magistrate.
Sd/-
M.A.ABDUL HAKHIM JUDGE nk WP(C) NO. 25020 OF 2025 :7: 2025:KER:93159 APPENDIX OF WP(C) NO. 25020 OF 2025 PETITIONER EXHIBITS Exhibit p1 TRUE COPY OF THE SCREENSHOT OF E-MAIL COMMUNICATION MADE BY THE 1ST RESPONDENT BANK DATED 07.05.2025 Exhibit p2 TRUE COPY OF THE SCREENSHOT OF E-MAIL COMMUNICATION MADE BY THE PETITIONER'S SON TO THE 1ST RESPONDENT BANK DATED 25.06.2025 Exhibit p3 TRUE COPY OF THE SCREENSHOT OF THE E-MAIL COMMUNICATION DATED 25.06.2025 SENT BY THE PETITIONERS SON TO THE 1ST RESPONDENT BANK Exhibit p4 TRUE COPY OF THE SCREENSHOT OF THE E-MAIL COMMUNICATION DATED 22.05.2025 SENT BY THE 1ST RESPONDENT BANK TO THE PETITIONER'S SON Exhibit p5 A TRUE COPY OF THE ORDER DATED 12.06.2025 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 21425/2025