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2011 Supreme(Mad) 1496

M.SATHYANARAYANAN
Mariappan – Appellant
Versus
State, represented by the Sub-Inspector of Police, District Crime Branch, Virudhunagar District – Respondent


Advocates Appeared:
For the Petitioner:G. Marimuthu, Advocate.
For the Respondent:P. Rajendran, Government Advocate (Crl. Side).

Judgment :-

1. The Petitioner is arrayed s Second Accused in C.C. No.68 of 2006 on the file of the Court of Judicial Magistrate No.II, Virudhunagar and he along with four other Accused are facing prosecution for the alleged commission of he offences under Sections 420 r/w 511 and Section 34 of I.P.C.

2. The case of the prosecution as per the charge-sheet is that the First Accused viz., Ramkumar lodged a false insurance claim as if he sustained injury on 30.03.2002 and the Police has registered a case on 27.05.2002 against the driver of the vehicle viz., Tractor and Trailer bearing registration Nos.TN-67-S-3386 and TN-67-S-3387 and though the said vehicles have not been involved in the accident and consequently, all of them connived as to cheat the National Insurance Company and obtained compensation of Rs.4 lakhs. In C.C. No.68 of 2006 on the filed of the Court of Judicial Magistrate, Srivilliputhur, the Petitioner, who is arrayed as Accused No. 2 filed a Petition for discharge under Section 239 of Cr.P.C. in Cr.M.P. No.4131 of 2007 stating that the First Accused viz., Ramkumar came to his hospital on 07.03.2002 at about 9.00 p.m., stating that he sustained injury while repairing a












































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