MOHAMMAD IRFAN K.I. vs STATE BANK OF INDIA

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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TH
WEDNESDAY, THE 28 DAY OF OCTOBER 2026 / 6TH KARTHIKA,
1948
WA NO. 2209 OF 2026
AGAINST THE JUDGMENT DATED 28.09.2026 IN WP(C)
NO.41222 OF 2025 OF HIGH COURT OF KERALA
APPELLANTS:
MOHAMMAD IRFAN K.I.
AGED 20 YEARS
S/O IBRAHIM BM, THEKKEKKUNNU, PERIYA, KUNIYA,
KASARAGOD, KERALA, PIN - 671316
BY ADVS.
SMT.IPSITA OJAL
SMT.MARIYAMMA A.K.
SHRI.MANAS P HAMEED
SMT.LAYA SIMON

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RESPONDENT/S:
1 STATE BANK OF INDIA
SBI KASARAGOD BRANCH, (REP BY BRANCH MANAGER)
KALLARACKAL BUILDING, M G ROAD, EDAPPALLY -
PANVEL HWY, CHOORI, KASARAGOD, KERALA, PIN -
671121
2 STATION HOUSE OFFICER
CYBER CRIMES CELL PUDUCHERRY GORIMEDU, ANANDA
NAGAR, PUDUCHERRY, 605006 NEW ADDRESS CYBER
CRIMES CELL PUDUCHERRY GORIMEDU, ANANDA NAGAR,
PUDUCHERRY EMAIL- [email protected]
3 THE STATION HOUSE OFFICER
BEKAL POLICE STATION, EDAPALLY- PANVEL HIGHWAY,
BEKAL, KASARAGOD, KERALA
PIN - 671318
R2 AND R3 BY SR GP SMT NAZEEBA O H
R1 BY SRI AMAL GEORGE-SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
28.10.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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“C.R.”
JUDGMENT
DEVAN RAMACHANDRAN,J
The appellant filed the Writ Petition seeking that his
account be discharged of the “freezing order” issued by
nd
the 2 respondent Police Officer.
2. The appellant explains the disputed entries in
his account as being the sums given to him by his cousin
and her husband; and, alternatively, prays that, even if
this Court is not inclined to “unfreeze” the account, such
orders may be confined to the disputed amount alone.
3. The learned Single Judge, however, dismissed
the Writ Petition; but then moved a step forward,
directing that the account of the appellant itself be
investigated into by the Police.

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4. The appellant is thus in appeal.
5. Smt. Ipsita Ojal, learned counsel for the
appellant, asserted that her client has made out a cogent
case in support of his plea for “unfreezing” his account,
explaining the source of the money; and hence, even if
the learned Single Judge did not find favour with his
prayer, he could have only dismissed the Writ Petition,
but could not have ordered an investigation against him.
She reiterated that, since her client had already explained
the source of the money and since there was no other
investigation pending against him - including at the hands
nd rd
of the 2 or 3 respondents, the learned Single Judge has
erred egregiously in the impugned judgment. She prayed
that this appeal be, therefore, allowed.
6. Shri. Amal George, learned Standing Counsel
st
for the 1 respondent - State Bank of India (‘SBI’ for

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short), conceded that his client has not received any
nd rd
information from either the 2 or the 3 respondent -
Police Officers, on any investigation launched, initiated or
pending against the appellant or his account. He added
that this is not relevant to his client either, because they
are only acting as per the requisition given to them by the
nd
2 respondent, freezing the account of the appellant. He
prayed that, therefore, no findings be entered against his
client.
7. Smt. Nazeeba O.H. - the learned Senior
nd
Government Pleader, also affirmed that, as of now, the 2
respondent Police Officer at Puducherry, has not issued
any letter implicating the appellant or his account; and
that the freezing of the same appears to have been issued
consequent to six disputed entries therein.

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8. When one reads the impugned judgment, it
becomes perspicuous that, after the learned Single Judge
found against the appellant on merits, he went on to
order an investigation against him and his account,
noticing that there were certain “large amounts also
credited in the account of the petitioner” .(sic)
9. We are afraid that we cannot find favour with
the judgment to the extent impugned because, the
learned Judge could not have ordered an investigation
against the appellant or his account, solely because of
certain entries in the statement of such account
presented by the SBI, in the course of the Writ Petition.
None of the Police Officers on record imputes that the
appellant is involved in any Crime; and, at best - at least
as of now - the only insinuation appears to be that his
account has entries of sums, which the creditors may

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have obtained as proceeds of Crime. This itself being only
a presumption at this stage, an investigation cannot be
ordered by this Court independently.
10. In such circumstances, the direction in the
impugned judgment, that the Police conduct an
investigation against the appellant qua other entries in
his account, cannot find forensic favour.
11. That said, as far as the “freezing” of the
account of the appellant is concerned, since the
nd
statement of the 2 respondent renders it beyond doubt
that the disputed amounts are only those relating to the
six entries mentioned in the statement produced by the
SBI, the account will stand frozen only to that extent and
not beyond.
12. In summation, we allow this Appeal and set
aside the impugned judgment; with a consequential

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nd
direction that the order of the 2 respondent freezing
the account of the appellant, will stand only to the extent
to which it relates to the disputed entries in the
nd
requisition of the 2 respondent and not beyond.
Needless to say, if there are to be any further
nd
requisition already made, or to be made either by the 2
respondent, or any other competent Police Officers – the
SBI will be bound to act as per it, subject to the rights of
the appellant in law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
BASANT BALAJI
JUDGE
kkj