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$-22&23 HIGH COURT OF DELHI
BAIL APPLN.868/2016
SEBASTIAN P JOHN Petitioner
Through: Mr.Dileep Poolakkot,Advocate with Mr. H.V.Hameed,Advocate
BAIL APPLN.868/2016
SEBASTIAN P JOHN Petitioner
Through: Mr.Dileep Poolakkot,Advocate with Mr. H.V.Hameed,Advocate
VERSUS
CENTRAL BUREAU OFINVESTIGATION Respondent
Through: Mr.Sanjeev Bhandari,SPP
Through: Mr.Sanjeev Bhandari,SPP
BAIL APPLN.872/2016
SEBASTIAN P JOHN Petitioner
Through: Mr.Dileep Poolakkot,Advocate with Mr. H.V.Hameed,Advocate
SEBASTIAN P JOHN Petitioner
Through: Mr.Dileep Poolakkot,Advocate with Mr. H.V.Hameed,Advocate
VERSUS
CENTRAL BUREAU OFINVESTIGATION Respondent
Through: Mr.Sanjeev Bhandari,SPP
Through: Mr.Sanjeev Bhandari,SPP
CORAM:
HON'BLE MR.JUSTICE SIDDHARTH MRIDUL
01.06.2016
01.06.2016
CRL.M.A.6920/2016(ExemptionI in BAIL APPLN.872/2016
Exemption granted subjectto alljustexceptions.
The application is disposed ofaccordingly.
BAIL APPLN.Nos.868/2016&872/2016 / The present applications under Section 439 of the Code of Criminal
Procedure, 1973 (Cr.P.C.)seek regular bail in RC No.6(E)/20I0/EOU-VI and
RC No.7(E)/20I0/EOU-VI,registered by the CBI.
Asperthe prosecution,the applicantin criminalconspiracy with the other co-accused has cheated a large number of persons on the pretext of sending
2016:DHC:8257 them abroad on Nursingjob visa and allegedly collected a sum ofRs.2 crores
(in aggregate).
Theapplicanthasbeeninjudicialcustodysince 14.07.2015inthesubject
RCs and the chargesheet has since been filed.
The present bail applications are vehemently opposed on behalf ofthe
CBI on the assertion that the applicant has deliberately furnished an incorrect addressin Kerala. Thebail is also opposed onthefollowing grounds:- a) The applicant has been declared as a Proclaimed Offender on 06.05.2009 by the concerned Court; b) During the course oftrial, the applicant was granted bail on
15.07.2011 but failed to appear before the concerned Court on the next date ofhearing and non-bailable warrants ought to be issued; c) The applicant was arrested on 02.11.2011, but was granted bail by the Court of Judicial Magistrate, Cochin on
03.11.2011; d) However, the applicant jumped bail once again on
14.03.2012 and was declared as a Proclaimed Offender by the concerned Magistrate,by way oforder dated 07.01.2014.
The only submission made on behalfofeounsel for the applicant in this behalfis that he has been enlarged on bail by the Kerala High Court in all other five cases,which were investigated by the CBI. It was further urged on behalf ofthe applicantthatthe latter is available at his permanentresidential address in
Kerala i.e. Plathottathil House, Kanjikuzhy Via Pazhayarikandam PO, Kanjikuzhi,Pazhayarikandam,Idulcki, Kerala-685606. However,a verification report dated 31.05.2016, in relation to the Aadhaar Card No.650622306296, relied upon bythe applicantin this behalf,has been handed over in Courttoday.
The same is taken on reeord.
A perusalofthesaid verificationreportdated 31.05.2016,authored bythe
Superintendent ofPolice,CBI,ACB,Cochin reveals thatthe structure existing thereupon is in a dilapidated condition and has not been used as a residential accommodation for some time now.
In view oftheforegoing,it is axiomaticthatthe applicant is a flight risk and may not be available to stand trial in the event he is enlarged on regular bail. The applicant has not been able to persuade this Court that there is no possibility ofhis absconding.
The applications are consequently devoid of merit and is accordingly dismissed.
SIDlpARTH MRIDUL,J JUNE 01,2016 dn
Exemption granted subjectto alljustexceptions.
The application is disposed ofaccordingly.
BAIL APPLN.Nos.868/2016&872/2016 / The present applications under Section 439 of the Code of Criminal
Procedure, 1973 (Cr.P.C.)seek regular bail in RC No.6(E)/20I0/EOU-VI and
RC No.7(E)/20I0/EOU-VI,registered by the CBI.
Asperthe prosecution,the applicantin criminalconspiracy with the other co-accused has cheated a large number of persons on the pretext of sending
2016:DHC:8257 them abroad on Nursingjob visa and allegedly collected a sum ofRs.2 crores
(in aggregate).
Theapplicanthasbeeninjudicialcustodysince 14.07.2015inthesubject
RCs and the chargesheet has since been filed.
The present bail applications are vehemently opposed on behalf ofthe
CBI on the assertion that the applicant has deliberately furnished an incorrect addressin Kerala. Thebail is also opposed onthefollowing grounds:- a) The applicant has been declared as a Proclaimed Offender on 06.05.2009 by the concerned Court; b) During the course oftrial, the applicant was granted bail on
15.07.2011 but failed to appear before the concerned Court on the next date ofhearing and non-bailable warrants ought to be issued; c) The applicant was arrested on 02.11.2011, but was granted bail by the Court of Judicial Magistrate, Cochin on
03.11.2011; d) However, the applicant jumped bail once again on
14.03.2012 and was declared as a Proclaimed Offender by the concerned Magistrate,by way oforder dated 07.01.2014.
The only submission made on behalfofeounsel for the applicant in this behalfis that he has been enlarged on bail by the Kerala High Court in all other five cases,which were investigated by the CBI. It was further urged on behalf ofthe applicantthatthe latter is available at his permanentresidential address in
Kerala i.e. Plathottathil House, Kanjikuzhy Via Pazhayarikandam PO, Kanjikuzhi,Pazhayarikandam,Idulcki, Kerala-685606. However,a verification report dated 31.05.2016, in relation to the Aadhaar Card No.650622306296, relied upon bythe applicantin this behalf,has been handed over in Courttoday.
The same is taken on reeord.
A perusalofthesaid verificationreportdated 31.05.2016,authored bythe
Superintendent ofPolice,CBI,ACB,Cochin reveals thatthe structure existing thereupon is in a dilapidated condition and has not been used as a residential accommodation for some time now.
In view oftheforegoing,it is axiomaticthatthe applicant is a flight risk and may not be available to stand trial in the event he is enlarged on regular bail. The applicant has not been able to persuade this Court that there is no possibility ofhis absconding.
The applications are consequently devoid of merit and is accordingly dismissed.
SIDlpARTH MRIDUL,J JUNE 01,2016 dn
JUDGMENT