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2023 Supreme(Online)(KER) 5115

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
RAJI THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.SUDHINKUMAR, S.NITHIN (ANCHAL), VISHAK.K.JOHNSON, SMT.M.K.PUSHPALATHA

ORDER

This is an application seeking pre-arrest bail filed under Section

438 of the Code of Criminal Procedure, 1973 .

2. Petitioner is the 2nd accused in Crime No.1351/2022 of Malayinkil Police Station, Thiruvananthapuram, alleging offences punishable under Section 420 r/w Section 34 of the Indian Penal Code, 1860 .

3. According to the prosecution, the 1st and 2nd accused had, after promising to provide an employment to the son of the defacto complainant, at the Secretariat, collected an amount of Rs.10,25,000/- and thereafter failed to provide the employment or return the amount and thereby committed the offences alleged.

4. Sri.K.Sudhinkumar, the learned counsel for the petitioner, contended that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that petitioner is the wife of the 1st accused and she has been roped in as an accused without any basis. It was also submitted that other than a vague statement that, petitioner is also involved in the crime, no specific overt act has been alleged against her.

5. Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and contended that the allegat

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