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2023 Supreme(Online)(KER) 3986

HIGH COURT OF KERALA
A. BADHARUDEEN, J
RASIYA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SUMAN CHAKRAVARTHY RAZAK M., THOMAS J.ANAKKALLUNKAL NIRMAL CHERIYAN VARGHESE JAYARAMAN S., LITTY PETER ANUPA ANNA JOSE KANDOTH

O R D E R

B.A.No.9276 of 2022 is an application filed by the accused Nos.2 to 8 and 10 in Crime No.1320 of 2022 of Thalipparamba Police Station where, accused Nos.1 to 10 alleged to have committed offences punishable under Sections 120-B , 406, 420 r/w 34 of the Indian Penal Code . B.A.No.9549 of 2022 is at the option of the 9th accused in the above crime and he also seeks relief of pre-arrest bail.

2. Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as Adv.Thomas J. Anakkallunkal who appeared for the defacto complainant/M/s.South Indian Bank.

3. The learned counsel, who appearing for the defacto complainant, filed detailed counter. The prosecution case is that as part of conspiracy hatched between the accused in this crime starting from 25.11.2020 on different days, accused Nos.1 to 10 reached South Indian Bank, Thaliparamba and pledged fake gold lockets on the submission that those items were original gold and thereby, the accused cheated the bank and misappropriated the total sum of Rs.72.70 lakh. The prosecution alleges commission of the above offences on these background facts.

4. It is argued by the learned counsel for the petitioners that the

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