IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 26TH OCTOBER 2006 / 4TH KARTHIKA 1928 Bail Appl..No. 6324 of 2006 ----------------------------- CRIME NO.570/2006 OF MANJERI POLICE STATION PETITIONERS/ACCUSED NOS.1,5 & 6: ------------------------------------------------- 1. RAJESWARI, W/O.RADHAKRISHNAN, 20, PRIYA NAGAR, THELUNGU PALAYAM, COIMBATORE, TAMIL NADU. 2. THYAGARAJAN, S/O.K.MANI, HOUSE NO.35D, AMMASI COUNTER STREET, PERIYANAIKAM PALAYAM, COIMBAORE, TAMIL NADU. 3. KISHORE KUMAR, S/O.RASOOL, MATHA COVIL STREET, KUNNAMATTOM, PERUMBALLOOR DISTRICT, TAMIL NADU. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION-THROUGH THE PUBLI PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/10/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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