Kerala High Court
Al Suwairi Tourism Llp Represented By ... vs The Manager, Idfc Bank Calicut Branch on 22 January, 2026
2026:KER:5434
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 22ND DAY OF JANUARY 2026 / 2ND MAGHA, 1947
WP(C) NO. 12277 OF 2025
PETITIONER:
AL SUWAIRI TOURISM LLP REPRESENTED BY ITS DESIGNATED
PARTNER MUHAMMED THEHADEER K P
DESIGNATED PARTNER OF AL SUWAIRI TOURISM LLP, S/O MOOSA
MISK, THIKKODI, MOODADI, CHINGAPURAM, QUILANDI,
KOZHIKODE, KERALA,, PIN - 673529
BY ADVS.
SMT.RUBY K. ROY
SMT.MERIN JOSE
SHRI.JIBIN JOJI
RESPONDENTS:
1 THE MANAGER, IDFC BANK CALICUT BRANCH
GROUND FLOOR, EEPEES ARCADE, SURVEY NO 87, 1/3/6, YMCA
CROSS RD, NEARBY INDIAN PETROL PUMP, KASABA, KOZHIKODE,
KERALA, PIN - 673001
ADDL.R2 STATION HOUSE OFFICER,
VADODARA CYBER CRIME POLICE STATION, WADI, S.N. ROAD,
VADODARA, GUJARAT, PIN: 390 017.
ADDL.R3 INVESTIGATING OFFICER,
ECONOMIC OFFENCES WING PATNA DR.S.K.SINGH PATH, OFF.
BAILEY ROAD, PATNA, BIHAR, PIN: 800 022.
ADDL.R4 INVESTIGATING OFFICER,
ECONOMIC OFFENCES WING WEST BENGAL BHABANI BHAWAN, 31
BELVEDERE ROAD, KOLKATA, WEST BENGAL, PIN: 700 027.
(ADDL.R2 TO R4 ARE IMPLEADED AS PER ORDER DATED
15.12.2025 IN IA NO.3/2025 IN WP(C) NO.12277/2025).
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WP(C) NO. 12277 OF 2025
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ADDL.R5 STATION HOUSE OFFICER,
KOYILANDI POLICE STAION, KOYILANDI BAZAR, KOZHIKODE,
KERALA, PIN 673 620.
(ADDL.R5 IS IMPLEADED AS PER ORDER DATED 15.12.2025 IN
IA NO.4/2025 IN WP(C) NO.12277/2025).
BY ADVS.
SHRI.P.SATHISAN
SHRI.SHIBU B.S
SHRI.BIJU P.PAUL
SHRI.ALVIN JEWEL S.S.
SMT.VIDHYA T.U.
SMT.ANTIJA JAMES
SMT.LEENA VARGHESE
SMT.K.M.RASHMI, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 12277 OF 2025
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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 three Requisitions from the Respondent Nos.2, 3 & 4 for Rs.2,50,000/-, Rs.10,000/- and Rs.9,500/- respectively, totalling Rs.2,69,500/-, for marking lien on the account of the 2026:KER:5434 WP(C) NO. 12277 OF 2025 4 Petitioner mentioned in the Writ Petition, and hence, the Bank has effected the same.
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.
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 2026:KER:5434 WP(C) NO. 12277 OF 2025 5 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 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.
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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.
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.
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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 mus 2026:KER:5434 WP(C) NO. 12277 OF 2025 8 APPENDIX OF WP(C) NO. 12277 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF OF CERTIFICATE OF INCORPORATION ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS TO THE PETITIONER EXHIBIT P2 TRUE COPY OF NOTICE ISSUED BY 1ST RESPONDENT INDICATING COMPLAINT DETAILS