Rajeswari vs The State Of Kerala on 26 October, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6324 of 2006()


1. RAJESWARI,
                      ...  Petitioner
2. THYAGARAJAN, S/O.K.MANI,
3. KISHORE KUMAR, S/O.RASOOL,

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :26/10/2006

 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 R

The 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

JUDGE

mrcs