Sending Money To Complainant's Relative Not Proof Of Crime: Kerala High Court Grants Anticipatory Bail To Woman Accused Of Trafficking

While granting anticipatory bail to a woman accused of trafficking the children of the complainant to UAE, the Kerala High Court observed the mere fact that she had sent money to the complainant's relative does not prove her involvement in the alleged crime.The prosecution alleged that the petitioner (second accused) along with accused 1 and 3, had promised to provide an employment to the two children of de-facto complainant and had trafficked them to 'UAE' on a visiting visa. It was alleged that complainant's children were provided employment in the workshop of the third accused's father. It was alleged that the children were later implicated in a narcotic drugs crime. The prosecution said that the complainant's children were arrested and imprisoned for 20 years. Justice Bechu Kurian Thomas in his order noted that accused 1 and 3 were already out on anticipatory bail, after the high court had noted that "offence of trafficking of persons is not seen to be prima facie attracted". "A reading of the FIR does not indicate any serious allegation against the petitioner who is arrayed as the 2nd accused. The main allegations are raised against accused 1 and 3. Though there is an allegation of conspiracy between all the accused, already accused 1 and 3 have been granted anticipatory bail and hence there is no reason to deny pre-arrest bail to the petitioner," the court said. "The learned public prosecutor pointed out that petitioner had sent an amount of Rs. 15,000/- to the daughter-in-law of the complainant, however, that by itself do not indicate any involvement of the petitioner in the alleged crime of trafficking of persons," the court observed. The high court granted anticipatory bail to the petitioner subject to her executing a bond of ₹50,000 with two solvent sureties and subject to certain conditionsCase Title: Aparna Nair v State of KeralaCase No: Bail Appl. 8964/ 2025Citation: 2025 LiveLaw (Ker) 543Counsel for Petitioner: Sreehari IndukaladharanCounsel for Respondent: Noushad K A (PP)Click Here to Read/ Download Judgment

Sending Money To Complainant's Relative Not Proof Of Crime: Kerala High Court Grants Anticipatory Bail To Woman Accused Of Trafficking

Anamika MJ

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