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1979 Supreme(Mad) 235

M.A.SATHAR SAYEED
Pandian – Appellant
Versus
State, represented by the Inspector of Police, Ramanathapuram – Respondent


Advocates:
T.S. Arunachalam, for Petitioner.
M. Karpagavinayakam, Government Advocate No. III (Crl. Side), for State.

Order.- This petition has been filed by the petitioner (Pandian) who is in remand from 13th September, 1978 for the alleged offences under sections 302 and 307, Indian Penal Code read with section 28 of the Indian Arms Act.

2. The convention of the petitioner is, that he is an Army Officer who has retired in the year 1968 and has good character. The petitioner is also the owner of the land at Mudukulathur and he is very much respected in his village and he possesses licence for his arms. The petitioner was charged, as stated above under the aforesaid sections by the respondent and the case of the prosecution is that on 13th March, 1978 complaint was lodged by Kumarayee stating that one Valivittan and the petitioner wrongfully restrained and attempted to outrage her modesty. A case was registered under section 341 and 354, Indian Penal Code in Crime No. 214 of 1978. While investigating the said crime, it appears that the police party apprehended Valivittan and during this apprehension they saw the petitioner also who threatened the respondent with a revolver, and therefore, they left the place. Subsequently on the same day at about 8.15 p.m., the Inspector of Police accompanied by th











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