JOJI SEBASTIN Vs. STATE

JUDGEMENT

(1.) THE petitioners have sought anticipatory bail. THE allegations against the petitioners, employee of ITI Financial Service Limited are that they had duped the complainant and cheated the complainant.

(2.) BRIEF facts relevant for the purpose of deciding this application are that the complainant entered into an agreement with ITI Investors Services Limited for investment in trading business of commodities. The trading in commodities is like trading in shares and the margin money is always kept in the accounts and instructions are given to the company to invest the amount in commodities. With rise and fall in the price of commodities, profit or loss to the account holder is there. The complainant submitted that he had been receiving SMS messages from applicants that he was earning profits and when he ultimately checked his account, he found that his account stood depleted. He submits that he was not sent statement of account and the trading was done without his consent. The complainant in this case is Mr. Vipul Goel. He and his family members including his wife, mother etc had opened trading accounts and similar complaint is in respect of his family members.

(3.) RESULTANTLY, the application is allowed and it is directed that in the event of arrest, the petitioners be released on bail on their furnishing personal bond in the sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of arresting officer/SHO concerned, subject to the condition that the petitioners shall join investigation as and when called by the investigating officer and shall furnish all electronic and non-electronic records, as and when asked by the IO.