IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 28126 of 2011(M) -------------------------- PETITIONER(S): --------------- HAMZA MANAYIL,AGED 59 YEARS, S/O.HYDRU,MANNAYIL HOUSE, MODAPOYKA,EDAKKARA,NILAMBUR, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): ------------------- 1. THE BRANCH MANAGER, STATE BANK OF INDIA,MANIMOOLI BRANCH, MANIMOOLI P.O. 679 333,MALAPPURAM DISTRICT. 2. M/S.STATE BANK OF INDIA, REPRESENTED BY ITS ZONAL MANAGER, ZONAL OFFICE,ARAYIDATHU PALAM,KOZHIKODE 673 004 3. THE STATION HOUSE OFFICER, RAILWAY POLICE STATION, KANNUR RAILWAY POLICE STATION 670 001 SR.GOVT.PLEADER SMT.M.J.RAJASREE SRI.P.V.SURENDRANATH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28126/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE ORDER DATED 14-03-2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,KANNUR IN CC NO.483/2006 EXT.P2 TRUE COPY OF THE REPLY NOTICE DATED 07.09.2011 SEND ON BEHALF OF THE BANK. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28126 OF 2011 ===================== Dated this the 1st day of December, 2011 J U D G M E N T Heard the learned counsel for the petitioner, standing counsel appearing for respondents 1 and 2 and the learned Government Pleader appearing for the 3rd respondent. 2. Petitioner has a Savings Bank Account with the 1st respondent Bank with Account No.10548453078. In the aforesaid account, on 17/10/2005, he claims to have made a deposit of `2,00,000/-. 3. Petitioner was the first accused in Crime No.45/05 registered by the Kannur Railway Police under Section 120(b) and Section 379 read with Section 34 of I.P.C. On the registration of the said crime, the 3rd respondent, the Investigating Officer, issued communication to the Bank freezing the said account. Subsequently, investigation into the crime was completed, charge was laid and the case was numbered as CC No.483/06 on the file of the Judicial First Flass Magistrate Court II, Kannur. After trial, the Court rendered Ext.P1 judgment of acquittal dated 14th of March, 2011, the operative portion of which reads thus; WPC No.28126/11 :2 : “In the result, A1 to A4 are found not guilty u/s 120(B), 379 IPC and hence they are acquitted u/s 248(1) Cr.Pc. Their bail bonds are cancelled and they are set at liberty. The cash amount of Rs.50,000/- seized from A1 will be returned to A1. MO1 to MO7 gold ornaments will given to PW11 Jameela from whom the same was seized by the police. All other cash amount recovered by the police will be confiscated.” 4. Inspite of his acquittal, the 3rd respondent has not issued any communication to the 1st respondent, as a result of which the 1st respondent has refused to release the amount available in the SB account of the petitioner. It is in these circumstances petitioner has filed this writ petition with the prayer which reads as under; “ (i) a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 and 2 to permit the petitioner to operate his SB account No.1054853078 with the 1st respondent branch and to withdraw amounts from the account.” 5. As far as respondents 1 and 2 are concerned, though they confirm the availability of the amount deposited by the petitioner in his S.B.Account, according to them, it was on account of the orders of the 3rd respondent they froze the account, and WPC No.28126/11 :3 : that, in the absence of any communication lifting the freezing, they are unable to release the amount. It is also submitted that the pass book concerning the account in question, which was seized from the petitioner was also produced before the Court as evidence. 6. In so far as the 3rd respondent from whom the learned Government Pleader has obtained instructions is concerned, it is stated that in the judgment rendered by the Trial Court, it is ordered that all other cash amount recovered by the police will be confiscated. It is stated that it was therefore that they did not issue any communication to the Bank enabling the petitioner to withdraw the amount. 7. Having considered the submission made by the learned Government Pleader, I am inclined to think that the confiscation ordered by the Court cannot be of any relevance in so far as the amount of the petitioner available in his savings bank account is concerned. The said confiscation is only in so far as the cash amount recovered by the police. It is nobody's case that the amount available in the Bank was recovered by the police. If that be so, it cannot be said that the amount available in WPC No.28126/11 :4 : the Bank stands confiscated. Therefore, in such circumstances, I am inclined to think that in view of Ext.P1 judgment, against which no appeal has so far been filed, petitioner is entitled to get the amount in the aforesaid S.B. Account released from the 1st respondent Bank. Therefore, the writ petition is disposed of directing that on the production of a copy of this judgment, 1st respondent will release the amount available in the petitioner's Savings Bank Account mentioned above. ANTONY DOMINIC, JUDGE Rp