A bank account must be unfrozen when the disputed amount can be secured separately in a fixed deposit.

The petitioner sought a direction to ICICI Bank to unfreeze bank account No. 762201501260, while retaining ₹1,170—the disputed amount—in a fixed deposit, if required.

Relying on *Malcolm Murayis* and *Archana*, the petitioner sought release of the account for operation.

The Court considered the earlier decision in *Malcolm Murayis* and the SOP-based guidelines discussed in *Archana*.

1. Whether the petitioner’s account could be unfrozen while the disputed amount of ₹1,170 was separately secured.

2. Whether the disputed amount could remain secured in a fixed deposit pending action by the competent Judicial Magistrate under the applicable law.

Under Article 226 of the Constitution, the High Court may grant appropriate relief concerning the freezing of a bank account. *Malcolm Murayis* supports securing the identified disputed amount in a fixed deposit rather than continuing a broader account freeze, subject to the competent Magistrate’s orders within the prescribed period.

The SOP dated 10 April 2026 and the guidelines discussed in *Archana* require account-freezing measures to be proportionate, ordinarily limited to the suspected amount where that is sufficient, and subject to a time-bound grievance mechanism and appropriate legal oversight.

The investigating agency is expected to proceed under the applicable provisions of the BNSS or other relevant law.

The Court held that the principles in *Malcolm Murayis* and *Archana* applied *mutatis mutandis*.

It therefore treated the identified ₹1,170 as the amount requiring protection, rather than maintaining a freeze on the petitioner’s entire account. The balance of the account could be released for operation, while the disputed sum remained secured pending appropriate orders from the competent Judicial Magistrate.

The fixed deposit may be liquidated only after orders of the competent Judicial Magistrate within three months; failing that, the petitioner may withdraw the amount after notifying the police agency. The Bank may take action in accordance with law and the SOP if it receives a complaint concerning another transaction.

The petition was disposed of accordingly.