IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7153 of 2011 CRMP.1858/2011 of JUDL.MAG. OF FIRST CLASS, PAYYOLI CRIME NO.212 OF 2011 OF MEPPAYUR POLICE STATION, KOZHIKODE. PETITIONER/1ST AND 2ND ACCUSED: --------------------------------------------------- 1. GEORGE SEBASTIAN, S/O.SEBASTIAN, 40 YEARS, RESIDING AT NARIKKUZHIYIL, VARUNTHARAPPALLY P.O., THRISSUR DISTRICT. 2. SUBRAHMANYA HARIDAS, S/O.KUNEKKAN, 41 YEARS, PATTATHU HOUSE, PERINGOTTUKARA POST, SAHODHARAVEEDI ROAD, THRISSUR DISTRICT. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: COMPLAINANT: --------------------------- 1. SUB INSPECTOR OF POLICE, MEPPAYUR POLICE STATION, KOZHIKODE DISTRICT- 678 711. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.7153 OF 2011 ------------------------------------------------------ Dated this the 22nd day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.212 of 2011 of Meppayur Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Section 420 of the Indian Penal Code and Sections 3, 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act. 3. The prosecution case is that the petitioners, as promoters of Nano Excel Corporation, collected huge amounts from various persons promising huge returns. The promised amount was not paid and the principal amount was also not returned to the depositors. The petitioners were arrested on 7.8.2011 and they were remanded to judicial custody. BAIL APPL. NO.7153 OF 2011 :: 2 :: 4. The learned counsel for the petitioners submitted that they are also the victims of the offence and they are not the offenders. It is not necessary to consider the same while disposing of the Bail Application. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Payyoli, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; BAIL APPL. NO.7153 OF 2011 :: 3 :: d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/