In the case Sreekala K. v. CBI & Ors. [WP(Crl.) No. 1284 of 2022], the Kerala High Court, through Justice C. Jayachandran, upheld the legality of freezing bank accounts under Section 102 of the Code of Criminal Procedure (CrPC) in a corruption investigation, despite the existence of attachment provisions under the Criminal Law Amendment Ordinance, 1944 and Prevention of Corruption Act, 1988.
The petitioner, Sreekala K., wife of the prime accused, challenged the freezing of her two Dhanlaxmi Bank accounts by the Vigilance and Anti-Corruption Bureau (VACB) without obtaining prior judicial authorization and without following the special procedures under the 1944 Ordinance. She argued that such action violated her rights and was procedurally flawed as it was not reported to the Magistrate per Section 102(3) CrPC.
The Court ruled:
1. Section 102 CrPC is a valid