Kerala High Court
Suneyana Mahashook Tk vs State Bank Of India, Pavangad Branch on 2 February, 2026
2026:KER:8872
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 23399 OF 2025
PETITIONER/S:
SUNEYANA MAHASHOOK TK,
AGED 30 YEARS,
W/O ANEESH K, THEKKE THALAKKAL, ERANHIKKAL,
ELATHUR, KOZHIKODE,
PIN - 673303
BY ADVS.
SHRI.MAAROOF
SMT.NAFIYA SHAHALA C.K.
RESPONDENTS
1 STATE BANK OF INDIA, PAVANGAD BRANCH,
REPRESENTED BY ITS BRANCH MANAGER, 14/13
PUTHIYANGADI, KOZHIKODE, KERALA,
PIN - 673021
2 STATE BANK OF INDIA,
PLOT NO. C-6, G BLOCK,
OPPOSITE NATIONAL STOCK EXCHANGE,
BANDRA-KURLA COMPLEX,. MUMBAI,
PIN - 400051
3 THE STATION HOUSE OFFICER,
PUNE CITY CYBER POLICE STATION,
POLICE GROUND, OPP RAHUL THEATRE, POLICE
HEADQUARTERS, SHIVAJINAGAR, PUNE, MAHARASHTRA,
PIN - 411005
2026:KER:8872
WPC No.23399 of 2025
2
ADDL.R4 STATION HOUSE OFFICER,
ELATHUR POLICE STATION, KOZHIKODE DISTRICT,
673 303
[ADDL.R4 IS IMPLEADED AS PER ORDER DATED
12.01.2026 IN I.A.2/2025 IN WP(C)23399/2025].
BY ADVS.
SRI.M.R.ANISON
GOVERNMENT PLEADER
ADV. G. SHEEBA - G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:8872
WPC No.23399 of 2025
3
JUDGMENT
Dated this the 2nd February, 2026
1. The Petitioner has filed this Writ Petition challenging the debit 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.
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 2026:KER:8872 WPC No.23399 of 2025 4 No.3 for an amount of Rs.36,700/- for holding the said amount in the account of the Petitioner mentioned in the Writ Petition.
3. This Court considered similar issues relating to the debit freeze/lien 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/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.
5. Accordingly, this Writ Petition is disposed of with the following directions:
2026:KER:8872 WPC No.23399 of 2025 5
i) The Respondent/Bank is directed to confine the order of 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.
ii) The respondents - Police Authorities concerned are hereby 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.
iii) On the Bank receiving the aforesaid information/intimation from the Police Authorities, the Bank will adhere to it and complete necessary action - either continuing the 2026:KER:8872 WPC No.23399 of 2025 6 freeze/lien/hold 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/hold imposed on the Petitioner's account.
2026:KER:8872 WPC No.23399 of 2025 7
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/hold 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/hold 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 Cak 2026:KER:8872 WPC No.23399 of 2025 8 APPENDIX OF WP(C) NO. 23399 OF 2025 PETITIONER EXHIBITS EXHIBIT 1 A TRUE COPY OF THE LETTER DATED 12.06.2025 ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER