N K K P RAJA Vs. STATE

JUDGEMENT

(1.) The petitioner apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 447, 379, 120 (B) IPC and Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 in Crime No. 671 of 2008 on the file of the respondent police and seeks anticipatory bail.

(2.) 0. Mr.N.Jothi, learned counsel for the petitioner would submit that the case of the prosecution is that an earlier incident took place between the parties on 22.07.2008 and a case was registered in Crime No. 650 of 2008 under Sections 147, 148, 427 and 363 IPC. It is submitted that in this case the occurrence is said to have taken place on 25.07.2008 and the case was registered on the basis of the complaint preferred by one Subramani alleging that on the date of occurrence, i.e., on 25.07.2008, four named accused and others had caused damage to the house of the complainant in Crime No. 650 of 2008. The said complaint was dated 26.07.2008 and the same was received by the Perundurai police through post and the case was registered in Crime No. 671 of 2008 for the alleged offences under Sections 147, 447, 379 and 120(B) IPC and Section 3(1) of the Tamil Nadu Property (Prevention of Damage an Loss) Act, 1992.

(3.) The learned Government Advocate (Crl. Side) would submit that though the name of the petitioner was not mentioned in the First Information Report, on the basis of the collection of materials during investigation, the petitioner has been implicated in this case at the time of filing the final report. It is submitted that the investigation is over and the charge sheet has been filed and the petitioner has already been served with the summons and he appeared twice before the learned Magistrate and the case is now posted for committal in P.R.C. No. 35 of 2009 on the file of the learned District Munsif-cum-Judicial Magistrate, Perundurai.