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2022 Supreme(Mad) 1180

A. D. JAGADISH CHANDIRA
D. Jayakumar – Appellant
Versus
State rep. by the Inspector of Police, Chennai – Respondent


Advocates appeared:
For the Petitioner:Sanjay R. Hegde, Senior Counsel, D. Selvam for M/s. I.S. Inbadurai, Advocates. For the Respondent:A. Meganathan, Government Advocate (Crl. Side).

JUDGMENT

(Prayer: The Criminal Original Petition is filed under Section 439 of Code of Criminal Procedure, to enlarge the Petitioner/Accused on bail pending investigation in Crime No.81 of 2022 on the file of the respondent.)

1. The Criminal Original Petition has been filed seeking to enlarge the Petitioner/Accused on bail pending investigation in Crime No.81 of 2022 on the file of the respondent.

2. The case of the prosecution, as evinced from the complaint lodged by the de facto complainant, Naresh Kumar, in brief, is as under:-

The de facto complainant belongs to ‘DMK’, a political party. In his capacity as such, he was watching the election process on 19.2.2022, at about 4.30 pm, by standing near the polling booth at Ward No.49, Kamaraj Matriculation School at Sanjeeviraya Kovil Street and by that time, the Former Minister Mr.D.Jayakumar alongwith 40 persons in 20 two wheelers, had come to the polling station with the AIADMK flag hoisted on his car, who had attempted to trespass into the polling booth. When the de facto complainant had questioned them, the Former Minister Mr.Jayakumar had abused him with filthy language and stating as to how dare he was to question a Former Ministe

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