Sameer Ramesh Sehgal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 Bail Appl..No. 4141 of 2015 ------------------------------------- CRIME NO.25/2015 OF MATTANCHERY POLICE STATION, MATTANCHERY ------------------ PETITIONER(S)/ACCUSED:

-------------------------------------- SAMEER RAMESH SEHGAL, AGED 38 YEARS, S/O. RAMESH SEHGAL, NEAR DURGAINA TEMPLE, AMRITSAR, PUJAB (NOW RESIDING AT NIKIN APARTMENT NO. D-WING 2010, ACHOLE ROAD, NEAR LODHA SCHOOL, NALLAZHAPPARA, EAST THANE, MAHARASTHRA).

BY ADVS.SRI.K.M.FIROZ SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE SRI.P.D.PAULY RESPONDENT(S)/STATE AND COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2. SUB INSPECTOR OF POLICE, MATTANCHERY POLICE STATION, ERNAKULAM-682002. BY PUBLIC PROSECUTOR SRI.C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4141 of 2015 -------------------------------------------- Dated this the 23rd day of July 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioner is accused in Crime No.25 of 2015 of Mattanchery Police station registered for the offences under Secs.419, 420, 465 and 471 of the Indian Penal Code and Secs.66(C) and (D) of the Information Technolody Act. The prosecution case is that he hacked the e-mail account of the first informant company and made a request to another person to send some money. The money was received and the petitioner misappropriated it.

3. Heard both sides.

4. After hacking the account of the first informant, the petitioner received certain amount by transfer and withdrew the amount. The amount involved is Rs.5,81,000/-. He has been in custody since 05.06.2015. His further detention is not necessary for completion of the investigation.

B.A. No.4141 of 2015 2 In the result, the bail application is allowed.

1) The petitioner will be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with three solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every second Saturdays for six months or till the final report is filed, whichever is earlier.

3) The petitioner shall deposit Rs.6,00,000/- (Rupees six lakhs only) in the trial court before he is released on bail.

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

5) The petitioner shall not leave India

B.A. No.4141 of 2015 3 without the previous permission of the court of enquiry or the trial court concerned as the case may be.

6) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

7) The petitioner shall not intimidate or attempt to influence the witnesses.

8) The petitioner 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.

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