Allowed

Minimol Shaji v. State of Kerala

Kerala HC24 Jan 2022Bail Appl./205/2022

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the second accused, a mother of a four-year-old child, in a cheating case alleging fraud for a job visa. The court held that custodial interrogation was not necessary and released her on bail subject to standard conditions including bond execution and appearing before the investigating officer.

What did the court decide?

Anticipatory bail granted subject to execution of bond for Rs.50,000, appearance before investigating officer, non-interference with witnesses, and non-involvement in other crimes.

Minimol Shaji Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 24^TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943

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BAIL APPL. NO. 205 OF 2022

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CRIME NO.1553/2021 OF PERUMBAVOOR POLICE STATION IN ERNAKULAM

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DISTRICT

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PETITIONER/2ND ACCUSED:

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MINIMOL SHAJI AGED 49 YEARS W/O. SHAJI, PAWAMCHERIYIL HOUSE, VADACODU P. O., VAZHAKULAM, MUVATTUPUZHA P. O - 686 670.

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BY ADVS. L.RAM MOHAN M.AUBREY ABRAHAM ISAAC

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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SRI. NOUSHAD K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.205 OF 2022

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the 2^nd accused in Crime No.1553 of 2021 of Perumbavoor Police Station, Ernakulam District alleging commission of offences under Sections 406 and 420 read with Section 34 of the Indian Penal Code.

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The allegation against the petitioner is that the petitioner together with the 1^st accused who is none other than the husband of the petitioner collected an amount of Rs.80,000/- from the de-facto complainant on the promise that he would be given a job visa to work in a super market in Poland.

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The learned counsel for the petitioner submits that, the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is the mother of a four year old child and that the allegations are mainly against the 1^st accused, her husband. It is submitted that the petitioner has been named as an accused only to bring pressure to settle the matter and that the petitioner has

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BAIL APPL. NO.205 OF 2022

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absolutely no role in the alleged transaction between the 1^st accused in the case and the de-facto complainant. It is submitted that at any rate the custodial interrogation of the petitioner is not required in the facts and circumstances of the case.

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Heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the case

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and considering the circumstances of the petitioner as noticed above, I am of the view that, the petitioner can be granted anticipatory bail subject to conditions. I am convinced that her custodial interrogation is not required.

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In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of her arrest in connection with Crime No.1553 of 2021 of Perumbavoor Police Station, Ernakulam District subject to the following conditions:-

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(i) The petitioner shall execute bond for a sum of

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Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the likesum to the satisfaction of the

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BAIL APPL. NO.205 OF 2022

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Jurisdictional Court;

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(ii) The petitioner shall appear before the investigating officer in Crime No.1553 of 2021 of Perumbavoor Police Station, Ernakulam District, whenever called upon to do so;

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(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.1553 of 2021 of Perumbavoor Police Station, Ernakulam District;

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(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1553 of 2021 of Perumbavoor Police Station, Ernakulam District, may file an application before the Jurisdictional Court, for cancellation of bail.

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GOPINATH P. JUDGE

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SPR

Minimol Shaji v. State of Kerala

Case brief

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Minimol Shaji v. State of Kerala

Case brief

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