1. An application for regular bail in a criminal case alleging offences under the Indian Penal Code, 1860, concerning financial irregularities in a cooperative society. (Para 1 , 2 , 3 )
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2026 Supreme(Online)(Ker) 68244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Shinymol T – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 7011 OF 2026
Important Points
Grant of regular bail is appropriate where the accused's role is minimal, specifically if they had resigned from their position before the alleged incident and are not named in the FIR as having induced the complainants.
Subject
Criminal - Bail
Act Referred
Headnote
(A) Criminal Procedure - Bail - Regular Bail - Consideration of role of the accused - Where the applicant is a woman, had resigned from the society's directorship prior to the alleged offences, and there is no allegation of direct inducement or mention in the First Information Statement, continued detention is not warranted. (Para 6)
Issues: Whether the applicant is entitled to regular bail considering her role and position in the society.
Issues: Whether the applicant is entitled to regular bail considering her role and position in the society.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: T.K.Vipindas
For the Respondents: Thomas Sabu Vadakekut
For the Appellants/Petitioners: T.K.Vipindas
For the Respondents: Thomas Sabu Vadakekut
Table of Contents
2. The applicant claims innocence and lack of connection to the crime, while the prosecution opposes bail, citing intentional criminal acts. (Para 4 , 5 )
3. The court noted the applicant's lack of involvement in inducing deposits, her prior resignation from the society, and her absence from the initial report to justify bail. (Para 6 )
4. Bail is granted when there is no prima facie material connecting the accused to the alleged offences and continued detention appears unnecessary. (Para 6 )
5. The bail application is allowed subject to conditions including executing a bond, appearing before the investigating officer, and surrendering travel rights. (Para 6 )
6. What primary factors determine the grant of bail in economic offences involving cooperative societies?
The court evaluates the applicant's specific role, such as whether they actively induced deposits, their official capacity at the time of the alleged offence, and whether they are named in the initial investigation report. (Para 3 , 6 )
7. Does resignation from the office of a society serve as a ground for bail in criminal proceedings?
Yes, where an applicant occupied a specific role in an organization but resigned prior to the focal point of the investigation, the court may consider this as a relevant factor against continued pre-trial detention. (Para 6 )
ORDER
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
2. The applicant is the accused in Crime No.944/2026 of Town West Police Station, Thrissur District. The offences alleged are punishable under Sections 406 and 420 r/w 34 of the Indian Penal Code, 1860.
3. The prosecution case, in short, is that the accused No.1 being the Chairman, the accused No.2 being the Manager and the accused No.3 being the office staff of Viswadeepthi Multi State Agri Co-operative Society Ltd, Irinjalakuda, offered a higher rate of interest, made the defacto complainants to invest money in Multi State Agri Co-operative Society and thereafter did not give the interest as promised or return the amount invested, cheated the defacto complainants and thereby the applicant committed the offences.
4. I have heard Sri.T.K.Vipindas, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and she is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on 06.11.2026. The applicant is a lady aged 47 years. She is only one of the Directors of the Society, who resigned in the year 2023. There is no allegation that the applicant induced the defacto complainants to make the deposit. She is not named in the FIS as well. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
