IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 OP.No. 22566 of 2002(J) ----------------------- PETITIONER(S): --------------- K.V.ANIL KUMAR, KANISSERIL HOUSE, THATHAMPALLY WARD, ALAPPUZHA BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE MANAGER, NEDUNGADI BANK LIMITED, MULLACKAL, ALAPPUZHA. 2. THE SUPERINTENDENT OF POLICE, CRIME DETACHMENT, ALAPPUZHA. GOVERNMENT PLEADER FOR R2 SRI. M.R. SURESH SRI.K.P.BALASUBRAMANYAN FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the letter No.277/CD/2000 to the Ist respondent. Ext.P2. True copy of the letter dated 5.9.2000 to the petitioner. Ext.P3. True copy of the representation dated 28.6.2002 addressed to the Ist respondent. Ext.P4. True copy of the representation dated 28.6.2002 addressed to the 2nd respondent. // true copy// P.A to Judge. ANTONY DOMINIC,J. ----------------------- O.P.No. 22566 OF 2002 ------------------------ Dated this the 5th day of January, 2009. JUDGMENT Petitioner is an accused in Crime No.203/00 on the file of the Alappuzha North Police Station. The case has been investigated and charge sheeted before the Judicial First Class Magistrate Court, Alappuzha, where it is pending. At the investigation stage, the Investigating Officer issued Ext.P1 requesting the respondent Bank not to permit operations in the SB account of the petitioner. Based on Ext.P1 the respondent bank issued Ext.P2, informing the petitioner that no further operations will be allowed in his account. Petitioner submits that the freezing of his account was unnecessary and that he should be permitted to operate the account. 2. On instructions, Government Pleader submits that the petitioner had defrauded several people and that, for O.P.No.22566/02 /2/ the fruitful prosecution of the case it was necessary that the account should be frozen. 3. In the nature of the allegations that were investigated by the Investigating Officer, I am not persuaded to think that Ext.P1 was unnecessary. However, having regard to the fact that, now the investigation has been completed, it is up to the Investigating Officer to consider whether the account should continue to remain frozen. Therefore, I direct the Investigating Officer to consider this aspect and if he feel satisfied that further continuance of the freezing of the account is unnecessary, it will be open to the Investigating Officer to give such instruction to the respondent Bank, which he thinks, is appropriate. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ O.P.No.22566/02 /2/ ANTONY DOMINIC,J. ----------------------- O.P.No. 22566 OF 2002 ------------------------ Dated this the 5th day of January, 2009. JUDGMENT O.P.No.22566/02 /2/