IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 27184 of 2008(J) --------------------------------------- PETITIONER(S): ------------------------ LAJEESH. K.B, S/O. BALAN, LECTURER, INSTITUTE OF CHARTERED, ANALIST OF INDIA, RESIDING AT KALIYARAMBIL HOUSE, PACHAKKADE, KASARAGOD. BY ADV. MR.M.V.AMARESAN RESPONDENT(S): ------------------------- 1. INSPECTOR OF RAILWAY POLICE, RAILWAYS, KOZHIKODE. 2. SUPERINTENDENT OF POLICE RAILWAYS, THIRUVANANTHAPURAM. 3. I.C.I.C.I BANK LTD, KASARAGOD BRANCH, GROUND FLOOR, CITYCENTRE, BANK ROAD, KASARAGOD. R1 & R2 BY GOVERNMENT PLEADER MR.A.J. VARGHESE. R3 BY ADV. MR.KKM.SHERIF, MR.LAL K.JOSEPH, MR.A.A.ZIYAD RAHMAN, SMT.SHEENA SAMUEL, MR.P.MURALEEDHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27184/2008-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE IDENTIFICATION CARD BEARING USER I.D. NO.513408495 ISSUD BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE REQUEST DATED 11/08/2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2(a): COPY OF THE POSTAL A/D CARD RECEIVED P2 REQUEST BY THE RESPONDENT NO.3. EXT.P3: COPY OF THE ORDER DATED 03/07/2008 IN B.A.4157/2008. EXT.P4: COPY OF THE PRESCRIPTION DATED 25/07/2008 ISSUED FROM NIMHANS, BANGALORE. EXT.P4(a): COPY OF THE CARD DATED 25/07/2008 OF THE NIMHANS HOSPITAL, BANGALORE. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27184 OF 2008 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT The petitioner seeks relief against the freezing of Ext.P1 S.B. Account maintained by him with the third respondent bank. He attributes such freezing to proceedings issued by respondents 1 and/or 2. The first respondent has placed a detailed counter affidavit on record. The said uncontroverted counter affidavit dated 19.1.2009 states that the petitioner is involved in various offences registered alleging theft. The Police would allege that the petitioner is highly expertised in picking up the personal belongings of railway passengers, especially travelling in A/c coaches during night in between Palakkad and Kasaragod. He attempts to show that he has studied up to M.Com. and is a faculty in a private educational institution and that he occasionally travels in A/c coaches. The detailed modus operandi attributed to the petitioner is placed on record through counter affidavit. With the aforesaid stand, the police officials WPC.27184/08 2 state that the sale proceeds of the stolen articles are deposited in the S.B. account and therefore, that account has been frozen. In the aforesaid circumstance, I do not find any legal infirmity or jurisdictional error in the impugned action. Ends of justice do not require the impugned action to be interfered with in exercise of discretionary visitorial jurisdiction under Article 226 of the Constitution of India. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.08/02.