Tino Thomas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl..No. 2218 of 2015 ------------------------------- CRIME NO. 296/2015 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM. ..........
PETITIONER: ACCUSED NOS. 1 & 2:
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1. TINO THOMAS, CEO & MANAGING DIRECTOR, OASIS HOLIDAYS INDIA PVT. LTD. HAINES ROAD, FRAZER TOWN, BANGALORE-560005, (ADDRESS IS WRONGLY SHOWN IN THE FIR AND THE COMPLAINT AS J.BUILDING, RAVIPURAM, COCHIN-16).
2. THOMAS CHACKO, AGED 65 YEARS, DIRECTOR, OASIS HOLIDAYS INDIA PVT. LTD.
HAINES ROAD, FRAZER TOWN, BANGALORE-560005.
(ADDRESS IS WRONGLY SHOWN IN THE FIR AND THE COMPLAINT AS J.BUILDING, RAVIPURAM, COCHIN-16).
BY SRI.B.RAMAN PILLAI (SENIOR ADVOCATE) ADVS.SRI.R.ANIL SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B.
SRI.T.ANIL KUMAR SRI.MANU TOM SRI.THOMAS ABRAHAM (NILACKAPPILLIL) SRI.M.VIVEK RESPONDNET/COMPLAINANT:
-------------------------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY SENIOR PUBLIC PROSECUTOR SRI.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K. ABRAHAM MATHEW, J.
--------------------------------------- B.A. No. 2218 of 2015 ---------------------------------------- Dated this the 12th day of May, 2015
ORDER
Petition filed under Section 438 Cr.P.C.
2. Petitioners are accused in Crime No. 296/2015 of Central Police Station, Ernakulam. They have allegedly committed the offences under Sections 405, 418 and 420 read with Section 34 of the Indian Penal Code. They are Directors of a private limited company. The victim availed themselves of the services of the petitioners to visit Vatican. The main allegation is that the petitioners did not give proper service to the victims and thus they committed the offences mentioned above.
3. Heard. It appears that the dispute is essentially a civil one. More over, it is submitted that there is an agreement between the second petitioner and the tourists to the effect that the tourists will be refunded certain amount. Having regard to all these facts, I am inclined to grant the prayer of the petitioners.
B.A. No. 2218 of 2015 In the result, this application is allowed.
1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs. 50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.
3) They shall not destroy or tamper with evidence. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
K. ABRAHAM MATHEW JUDGE DMR/-