1. Petitioner is the second accused (A2) in Crime No.951/2013 of Thampanoor Police Station, Thiruvananthapuram registered for offences punishable under sections 406, 419, 420 and 471 read with section 34 IPC. She has filed the above application seeking her release on bail under section 439 of the Code of Criminal Procedure, for short the Code.

2. The crime was registered on complaint of a doctor that he was defrauded and cheated by first accused (A1) who posed himself as Dr.R.B. Nair operating a company viz 'Swiz Solar Technologies' engaged in renewable energy solutions using solar power and wind turbines. An advertisement placed by that Company in newspapers was responded to by the doctor, and thereupon the first accused came to his house. Inducing the doctor with false promises, over installing a solar pannel in his house and later establishing of windmills in a place in Tamil Nadu, the first accused defrauded the doctor of a total sum of Rs.2960000/-. First accused claimed that he is the Principal Advisor in the Ministry of Energy under Central Government and also that he has close contact and association with the present Central Finance Minister. Much later only the doctor (de facto complainant) realised that he had been cheated and defrauded by first accused. His inquiry revealed that first accused had closed down his office and the employees in his office have not been paid salaries for months together.

3. Crime registered during investigation, revealed that several others apart from the doctor have been defrauded and cheated by first accused and another, a lady associating with him. Both of them pretending and impersonating as holders of responsible posts in concerns which included Asian Develoment Bank defrauded several persons with the false promises that they would enable them to establish solar pannels, and windmills with land assigned from government, with subsidies and other benefits from various recognised agencies. Investigation in the present crime revealed that from one Razik Ali, a gulf returnee, first accused, who was later identified as Biju Radhakrishnan, with false promises had collected a sum of 1,04,60,000/-, and in the cheating and defrauding of that person present petitioner had also joined with him. Major portion of the amount collected by cheating Razik Ali had been provided to petitioner by first accused, for construction of her house and to purchase properties for her,including a motor vehicle given as a gift. Such revelations in investigation led to inclusion of petitioner as second accused in the crime. She was arrested on 6.7.2013, and later, on production before the court she was remanded to judicial custody, which still continues.

4. Petitioner is a cinema/serial actress who is presently running a Nritha Vidayalaya (dance school), is the submission of her learned counsel. She is a victim of mischief at the hands of first accused, and much earlier to registration of present crime her mother had filed a complaint against first accused imputing that he had defrauded her and petitioner a sum of Rs.20 lakhs promising to install solar pannels in her house and dance school. Annexure C is a copy of the FIR registered on the complaint so given. Petitioner is implicated in the crime as a co-accused with first accused solely on the basis of suspicion, and, in fact, petitioner has pledged her ornaments to repay the loans taken for construction of her house, which was put up with her own funds, is the submission of her counsel relying on some annexures produced with the petition. After the arrest of petitioner her custody had been obtained by police for investigation and her further detention is not at all required is the submission of her counsel.

5. On the allegations imputed against petitioner in the case, to implicate her as a co-accused with first accused, no offence of cheating or criminal breach of trust would lie, submits the counsel. At the most an offence for receiving stolen property