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RAJESWARI v. THE STATE OF KERALA - Bail Appl No. 6324 of 2006  RD-KL 1432 (26 October 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 6324 of 2006()
2. THYAGARAJAN, S/O.K.MANI,
3. KISHORE KUMAR, S/O.RASOOL,
1. THE STATE OF KERALA,
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
O R D E R
J.M.JAMES, J.B.A. 6324/2006
DATED THIS THE 26TH DAY OF OCTOBER, 2006
O R D E RThe petitioners 1 to 3 are accused Nos. 1, 5 and 6 in crime No.570/2006 of Manjeri Police Station, for the offence punishable under Section 420 IPC read with Section 34 IPC.
2. The learned Public Prosecutor submits that the first accused had introduced the second accused to the defacto complainant, as a person possessing gold bars. Accordingly, the complainant purchased 5 Kgs. of gold bars from the second accused. Later on it was found to be spurious gold. The first and second accused were arrested in connection with another case of Mannarkad police station. During the interrogation, they had confessed the committing of the offence, by selling spurious gold to the complainant.
3. The learned counsel for the petitioners submits that except the confession statement of the second B.A.6324/2006 2 accused, there is no material against the petitioners. Accused 5 and 6 are the drivers of the first accused, who were actively involved in committing the offence, submits the prosecution.
4. Considering the facts that are placed before me, I direct the petitioners, accused 1, 5 and 6, to surrender before the Investigating Officer, who is investigating crime No. 570/2006 of Manjeri Police Station, on 3.11.2006 between 9.30 a.m and 10.00 a.m.
5. The Investigating Officer shall interrogate the petitioners and thereafter, produce them before the competent Magistrate Court, according to the law.
6. The learned Magistrate, on production of the petitioners, accused, shall hear both sides and pass appropriate orders on merit, on the date of production itself. The application is disposed of as above. J.M.JAMES
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