ASWIN KRISHNA Vs. SOUTH INDIAN BANK

JUDGEMENT

(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 Ss. 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.2 for an amount of Rs.63,435.00 for marking lien/freeze in the account of the Petitioner mentioned in the Writ Petition, and hence, the Bank has effected 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]. This Court has been consistently issuing the directions to the effect that the Bank is to permit the account holder to operate his account, limiting the lien to the amounts shown in the Requisitions received by the Bank so long as the Bank does not have any suspicion that the account is used for any financial cybercrime activities or money mule activities, making the frozen/lien marked amount at the disposal of the jurisdictional Magistrate's Court.