Kerala High Court
Muhammed Arshed P vs Esaf Small Finance Bank , Manjeri Branch on 4 December, 2025
2025:KER:94047
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 4TH DAY OF DECEMBER 2025 / 13TH AGRAHAYANA, 1947
WP(C) NO. 33752 OF 2025
PETITIONER
MUHAMMED ARSHED P,
AGED 26 YEARS,
C/O MUHAMMED ANWAR POONTHOTATHIL, POONTHOTTATHIL
HOUSE, ACHIPPILAKKAL, MANJERI, KARUVAMBRAM POST,
MALAPPURAM, KERALA,
PIN - 676121
BY ADVS.
SHRI.MAAROOF
SMT.NAFIYA SHAHALA C.K.
RESPONDENTS
1 ESAF SMALL FINANCE BANK , MANJERI BRANCH,
REPRESENTED BY ITS BRANCH MANAGER, VK BUILDING,
NEARBY JASEELA JUNCTION, NILAMBUR - MALAPPURAM RD,
MANJERI, KERALA, PIN - 676123
2 ESAF SMALL FINANCE BANK, HEAD OFFICE,
REPRESENTED BY ITS MANAGER, ESAF BHAVAN, BUILDING
NO. VII/83/8, THRISSUR, PALAKKAD NATIONAL HIGHWAY,
PIN - 680651
3 STATION HOUSE OFFICER, CYBER CRIME POLICE STATION
YELAHANKA
GANDHI NAGAR, NEHRU NAGAR, BENGALURU, KARNATAKA,
PIN - 560064
2025:KER:94047
WP(C) No.33752 of 2025
2
BY ADV SMT.K.V.RASHMI - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:94047
WP(C) No.33752 of 2025
3
JUDGMENT
Dated this the 4th day of December, 2025
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 an amount of Rs.555/- for marking lien as well as 2025:KER:94047 WP(C) No.33752 of 2025 4 for debit freezing of the account of the Petitioner mentioned in the Writ Petition, and hence, the Bank has effected the same.
3. Since the frozen/lien amount involved is only Rs.555/-, I dispose of this Writ Petition directing the Bank to permit the petitioner to operate his account forthwith, confining the debit freeze/lien to Rs.555/-, 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 Cak 2025:KER:94047 WP(C) No.33752 of 2025 5 APPENDIX OF WP(C) NO. 33752 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 16.08.2025 ISSUED BY RESPONDENT NO.1