Kerala High Court
Tennyson.C.J vs The State Police Chief on 17 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(CRL.) NO. 744 OF 2024 1
2025:KER:44089
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947
WP(CRL.) NO. 744 OF 2024
PETITIONER/S:
TENNYSON.C.J
AGED 57 YEARS
S/O JOSEPH, RESIDING AT CHATHANKANDATHIL HOUSE,
KODANCHERY.P.O, KOZHIKKODE DISTRICT- (MANAGING
DIRECTOR, CHATHAMKANDATHIL FINANCIERS, PEEVEES
COMPLEX, AREACODE.P.O, MALAPPURAM -673639), PIN -
673580
BY ADVS.
SHRI.SUNNY MATHEW
SHRI.ANOOJ.J
RESPONDENT/S:
1 THE STATE POLICE CHIEF
OFFICE OF THE STATE POLICE CHIEF TELANGANA STATE,
PIN-, PIN - 505001
2 THE MANAGER
FEDERAL BANK LTD; AREACODE BRANCH,MALAPPURAM -, PIN
- 673639
3 THE STATE OF KERALA
WP(CRL.) NO. 744 OF 2024 2
2025:KER:44089
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM -, PIN - 682031
4 ADDL.R4.THE STATION HOUSE OFFICER
NARAYANPET POLICE STATION, NARAYANPET CIRCLE,
NARAYANPET MANDAL AND DISTRICT, TELENGANA - 509210
** ADDL.R4.IMPLEADED VIDE ORDER DATED
06/02/2025 IN IA 1/25**
BY ADVS.
SHRI.MOHAN JACOB GEORGE
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
PROSECUTOR
SHRI.SAJJU.S., SENIOR G.P.
SMT.P.V.PARVATHY (P-41)
SMT.REENA THOMAS
SMT.NIGI GEORGE
SHRI.ANANTHU V.LAL
SMT.SHERIN VARGHESE
SHRI.BRAHMA R.K.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 17.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 744 OF 2024 3
2025:KER:44089
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P. (Crl.) No. 744 of 2024
--------------------------------------
Dated this the 17th day of June, 2025
JUDGMENT
The above writ petition is filed with following prayers :
i) "To issue a writ of mandamus or any other appropriate writ order or direction quashing Ext:P1 communication dated 03.06.2024 issued by the 2nd respondent
ii) To pass an order directing the 1st respondent to give No Objection Certificate to cancel the lien marked in the petitioner's account Having No. 10770200002943 maintained by M/s Chathamkandathil Financiers, at the Federal Bank Areacode Branch, Malappuram-673639 and permit the petitioner to withdraw an amount of Rs 4,00,000/- from the said account .
iii) Or, in the alternative, to declare that the petitioner's account Having No. 10770200002943 maintained by M/s Chathamkandathil Financiers, at the Federal Bank, Areacode Branch-673639 is not liable for marking lien of Rs.4,00,000/-
iv) Any other reliefs which may be prayed for from time to time." [sic] WP(CRL.) NO. 744 OF 2024 4 2025:KER:44089
2. The petitioner is aggrieved by the order issued by the 2nd respondent-Bank freezing the account of the petitioner based on the requisition of the police authorities. According to the petitioner, the freezing of the account is illegal.
3. The pleadings in the writ petition and arguments advanced by the counsel on either side would divulge that action to defreeze the account was taken due to doubtful transactions perhaps involving cyber crime. The counsel for the petitioner would urge that the action of the respondents has abrogated the right of the petitioner protected under Articles 14, 21 and 300A of the Constitution of India.
4. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Standing Counsel appearing for the 2nd respondent-Bank. WP(CRL.) NO. 744 OF 2024 5
2025:KER:44089
5. This Court considered a similar issue in the judgment in W.P.(C) No.28524 of 2024. Noting the judgments in Dr. Sajeer v. Reserve Bank of India [2024 (1) KLT 826], Nazeer K.T. v. Manager, Federal Bank Limited [2024 KHC OnLine 768], State of Maharashtra v. Tapas D Neogy [(1999) 7 SCC 685], Teesta Atul Setalvad v. State of Gujarat [(2018) 2 SCC 372] and Shento Varghese v. Julfikar Husen and others [2024 SCC OnLine SC 895], this Court concurred with the views in Dr. Sajeer (supra) and Nazeer K.T. (supra) and disposed of the writ petition with directions.
6. The facts involved in W.P.(C) No.28524 of 2024 and this writ petition are similar. In the circumstances, the writ petition is disposed of with the following directions.
(i) The 2nd respondent-Bank is directed to confine the freezing order of the Bank Account only to the extent of the amount mentioned in the order / requisition issued by the WP(CRL.) NO. 744 OF 2024 6 2025:KER:44089 police authorities. The above exercise shall be done forthwith so as to enable the petitioner to transact through his Account beyond the said limit;
(ii) The police authorities are directed to inform the Bank as to whether freezing of the petitioner's Account will be required to be continued even in the afore manner, and if so, for what further time;
(iii) On the Bank receiving the afore information/intimation from the police authorities, the Bank will adhere with it and complete necessary action - either continuing the freeze 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 their contentions in the writ petition are left open and reserved to them, to impel in future. WP(CRL.) NO. 744 OF 2024 7
2025:KER:44089
(v) The jurisdictional police officer 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. is received by the Bank within two months of receipt of a copy of this judgment, the Bank shall lift the debit freeze or remove the lien, as the case may be, on the petitioner's Bank 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 jurisdictional officer and retain proof of such service.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(CRL.) NO. 744 OF 2024 8 2025:KER:44089 APPENDIX OF WP(CRL.) 744/2024 PETITIONER EXHIBITS Exhibit :p1 TRUE COPY OF THE COMMUNICATION DATED 03.06.2024 ISSUED BY THE THE 2ND RESPONDENT Exhibit :p2 TRUE COPY OF THE PLEDGE FORM DATED 13.05.2024 GIVEN BY THE SAID SRI.DIJINDAS.K Exhibit :p3 TRUE COPY OF THE PLEDGE FORM DATED 25.05.2024 GIVEN BY THE SAID SRI.DIJINDAS.K Exhibit :p4 TRUE COPY OF THE PLEDGE FORM DATED 09.05.2024 GIVEN BY THE SAID SRI.DIJINDAS.K Exhibit :p5 TRUE COPY OF THE PLEDGE FORM DATED 27.05.2024 GIVEN BY THE SAID SRI.DIJINDAS.K Exhibit:p 6 TRUE COPY OF THE PLEDGE FORM DATED 20.05.2024 GIVEN BY THE SAID SRI.DIJINDAS.K Exhibit :p7 TRUE COPY OF THE PLEDGE FORM DATED 13.05.2024 GIVEN BY ONE SRI.SWAMIDASAN UNDER THE CARE OF SRI.DIJINDAS.K Exhibit :P8 TRUE COPY OF THE DELIVERY LETTER DATED 29.05.2024 OF THE 2ND RESPONDENT TO SRI.DIJINDAS.K (AMOUNT OF RS. 43000/-) Exhibit :P9 TRUE COPY OF THE DELIVERY LETTER DATED 29.05.2024 OF THE 2ND RESPONDENT TO SRI.DIJINDAS.K (AMOUNT OF RS. 38600/-) Exhibit :P10 TRUE COPY OF THE DELIVERY LETTER DATED 29.05.2024 OF THE 2ND RESPONDENT TO SRI.DIJINDAS.K Exhibit :P11 TRUE COPY OF THE DELIVERY LETTER DATED 28.05.2024 ISSUED BY THE ‘COMPANY' TO SRI.DIJINDAS.K (AMOUNT OF RS. 58000/-) WP(CRL.) NO. 744 OF 2024 9 2025:KER:44089 Exhibit:P 12 TRUE COPY OF THE DELIVERY LETTER DATED 28.05.2024 ISSUED BY THE ‘COMPANY' TO SRI SRI.DIJINDAS.K ( AMOUNT OF RS.14000/-) Exhibit :P13 TRUE COPY OF THE DELIVERY LETTER DATED 28.05.2024 ISSUED BY THE ‘COMPANY' TO SRI.SWAMIDASAN Exhibit :P14 TRUE COPY OF THE CANARA BANK STATEMENT FOR A/C XXXXXXXXX2513 FOR THE PERIOD 06-MAY- 2024 TO 05-JUN-2024 OF SRI.DIJINDAS.K