Serin Sebastian v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Bail Appl.No. 1427 of 2015 ------------------------------------ CRIME NO. 248/CR/EOW/11/KTM/13 OF CBCID ECONOMIC WING II, ERNAKULAM ORIGINALLY CRIME NO.1214/2012 OF SHORNUR POLICE STATION, PALAKKAD ..........

PETITIONER(S)/5TH ACCUSED:

--------------------------------------------- SERIN SEBASTIAN, AGED 33 YEARS, S/O.SEBASTIN, KALAPURAKKAL HOUSE, KHANNANAGAR, CHALAKUDY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S)/STATE:

------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2015, ALONG WITH BA. 1428/2015 AND BA. 1432/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

------------------------------ and 1432 of 2015 --------------------------------------- Dated this the 31st day of July 2015

O R D E R

Petitions filed under Section 438 Cr.P.C.

2. Petitioner is alleged to have committed the offence under Sec.420 read with Sec.120B of the Indian Penal Code. The prosecution case is that CEE VEE Global Trade Solutions Limited company made false promise that it would give high interest for the amounts deposited with it and received huge deposits from the public. Accused nos.1 to 4 were the Directors of the company. It is stated that the petitioner who is the 5th accused was a promoter.

3. Heard both sides.

4. Learned counsel submits that the petitioner also was misled to believe the words of the directors and invested money in the company and he is only a victim.

5. In similar cases, this Court has already granted anticipatory bail as seen from annexure-C. So in these cases also, I am inclined to grant the prayer of the petitioner.

and 1432 of 2015 2 In the result, the bail application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) each in each case with two solvent sureties each for the like sum if he is arrested by the Police in connection with these cases.

2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

3) He shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.

4) He shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5) He shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

6) He shall not intimidate or attempt to

and 1432 of 2015 3 influence the witnesses.

7) He shall co-operate with investigation of the case.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

If the petitioner surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge