The Kerala High Court granted anticipatory bail to Shinimol M.P., accused in fraud-related offences, after hearing public prosecutor. Court noted her separation from husband and family employment concerns.
Petitioner released on anticipatory bail after executing bond of Rs.50,000 with two sureties and complying with specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945 BAIL APPL. NO. 10631 OF 2022
PETITIONER/ACCUSED NO.2:
SHINIMOL M.P AGED 40 YEARS D/O SHYAMALA ANVY CASIL, AKN ROAD SHANTHIVILA, KALLIYUR NEMAM P.O, THIRUVANATHAPURAM, PIN - 69502
BY ADV AJEESH S.BRITE
RESPONDENT/COMPLAINANT:
PUBLIC PROSECUTOR
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
SMT. SREEJA V -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
This bail application has been filed by one Shinimol M.P. who stands accused in Crime No.1517 of 2022 of Ernakulam Central Police Station, Ernakulam District, alleging commission of offences under Sections 420, 406 and Section 34 of the Indian Penal Code. This crime has been registered following a reference for investigation by the jurisdictional Magistrate under Section 156(3) of the Code of Criminal Procedure, upon a private complaint preferred by the complainant. The allegation against the petitioner in brief is that the petitioner along with her husband had promised the complainant that they would set up super markets on franchisee model and collected huge sums of money on that basis.
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matter. It is submitted that near to 33 cases have been registered against the husband of the petitioner and only in seven of those cases the petitioner has been arrayed as an accused. It is submitted that the petitioner is a Central Government employee and owing to the activities of her husband, the petitioner and her two children are staying separate from her husband. It is submitted that divorce proceedings are also pending between the petitioner and her husband. It is submitted that the petitioner had absolutely no role in the matter and the allegations raised against her by the complainant are false.
that the case was registered on the basis of private complaint preferred before the jurisdictional Magistrate. It is submitted that there are specific allegations against the petitioner and that if the petitioner is granted anticipatory bail at this stage, it may affect the investigation of the case.
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would submit that regular bail has been granted in
most of these cases to her husband who was arrested
and had been in custody. It is submitted that the petitioner will fully co-operate with the investigation and the detention of the petitioner will cause serious prejudice as the same would even affect the employment of the petitioner.
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Crime No.1517 of 2022 of Ernakulam Central Police Station.
In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.1517 of 2022 of Ernakulam Central Police Station subject to the following conditions:-
(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;
(ii) Petitioner shall appear before the investigating officer in Crime No.1517 of 2022 of Ernakulam Central Police Station as and when summoned to do so;
(iii) Petitioner shall not attempt to contact the complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1517 of 2022 of Ernakulam Central Police Station;
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(iv) Petitioner shall not involve in any other crime
while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1517 of 2022 of Ernakulam Central Police Station may file an application before the jurisdictional Court for cancellation of bail.
Sd/GOPINATH P. JUDGE
SSK/08/09
1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner in Crime No.1517 of 2022.
2 provisions across 2 enactments
SHINIMOL M.P
PUBLIC PROSECUTOR
GOPINATH P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
