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2016 Supreme(Ker) 319

RAJA VIJAYARAGHAVAN V.
Anto Joseph – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K. Abdul Jawad, Mathew A. Kuzhalanadan, Vineetha V. Kuma, U. Muhammed Musthafa
For the Respondents: V.S. Sreejith, V.A. Johnson (Varikkappallil)

JUDGMENT :

1. The petitioner is the sole accused in S.T.No.5265 of 2013 on the file of the Judicial Magistrate of First Class, Alathur. The said case has arisen from Crime No.697 of 2013 of Mangalam Dam Police Station registered for the offence under Section 506 part 1 of the IPC.

2. Prosecution alleges that on 9.9.2013, while the de facto complainant was waiting for a bus, the petitioner had come in a jeep and threatened the de facto complainant and exhorted that if he were ever to set his foot at a place called Odamthodu, he would end up in one of the five coffins, kept ready for him by the accused. It is further alleged that on quite number of previous instances, the petitioner used to threaten him in a similar manner.

3. The 2nd respondent rushed to the Mangalam Dam Police Station and submitted Annexure-B complaint requesting that necessary action be taken against the petitioner.

4. On receipt of the complaint, having regard to the provisions under Section 155 of the Code of Criminal Procedure (hereinafter referred as to ‘the Code’), the Sub Inspector of the Police, sought for permission before the learned Magistrate, and after securing orders in terms of the provisions, registered




























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