The High Court of Kerala granted anticipatory bail to an accused woman in a cheating case. Considering her innocence claim, non-involvement due to separation, and pending divorce proceedings, the court allowed bail subject to standard conditions.
Petitioner released on anticipatory bail in Crime No.1728 of 2022 subject to bond and 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. 279 OF 2023
CRIME NO.1728 OF 2022 OF ERNAKULAM CENTRAL POLICE STATION
PETITIONER/ACCUSED NO.2:
SHINIMOL M.P AGED 40 YEARS D/O SHYAMALA ANVY CASIL, AKN ROAD SHANTHIVILA, KALLIYUR NEMAM P.O, THIRUVANATHAPURAM, PIN - 695020
BY ADV AJEESH S.BRITE
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.NOUSHAD K.A.(SR.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.1728 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.
B.A.No.279 of 2023
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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.
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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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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.1728 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.1728 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.1728 of 2022 of Ernakulam Central Police Station;
(iv) Petitioner shall not involve in any other crime
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while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1728 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
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner in a cheating case involving false promises.
Whether the petitioner is liable for crimes committed primarily by her husband in a separated marriage.
2 provisions across 2 enactments
SHINIMOL M.P.
STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
