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Court News from Madras High Court

Former minister jayakumar bail copy. THE HIGH COURT OF JUDICATURE AT MADRAS Crl.O.P.No. of 2022 Against Crl.M.P.No.728 of 2022 In Crime No. 49 of 2022 (On the file of the inspector of Police, Central Crime Branch, Vepery, Chennai)

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MEMORANDUM OF CRIMINAL ORIGINAL PETITION
(Under section 439 Cr.P.C)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Crl.O.P.No. of 2022 Against
Crl.M.P.No.728 of 2022 In
Crime No. 49 of 2022
(On the file of the inspector of Police, Central Crime Branch, Vepery, Chennai)

Mr. D. JAYAKUMAR, M/A- 62 Years,
S/o. K.Durairaj,
No. 10, South Leeith Castle Street,
Raja Annamalaipuram,
Santhome, Chennai – 600 028
.…Petitioner/Accused.
-V/sThe State rep. by:The Inspector of Police,
Central Crime Branch,
Team 16, Anti land Grabbing Cell
Vepery, Chennai
(Crime No. 49/2022)
…Respondent/Complainant.

PETITION FOR BAIL FILED UNDER SECTION 439 OF Cr.P.C.
The Petitioner/Accused respectfully submits as follows: –

1. The Petitioner submits that the respondent police had filed a false case against the petitioner and others on the complaint given by one Mr.P.Magesh against his own elder blood brother Mr.Naveenkumar related to dispute over their family properties. The said complaint was registered for an offence u/s. 109, 120(b), 447, 326, 397 and 506(2) IPC and thereby the petitioner was arrested and remanded to Judicial Custody on 28.02.2022.

2. The petitioner submits that the above said Naveenkumar is the son in law of the petitioner and he had never involved in their family disputes. This compliant was lodged 07.06.2021 for the alleged occurrence took place on 10.08.2016 and another occurrence took place on 03.06.2020. But the respondent police had taken action against the petitioner only now and there is no explanation for the enormous delay in registration of the FIR and its further proceedings.

3. The petitioner submits that he was a former minister for the Fisheries Department and was also functioning as speaker to the legislative assembly. The petitioner submits that he is a law abiding citizen and he was implicated falsely due to political vendetta by using the petitioners son in law’s brother Mr.Magesh.

4. The petitioner submits that his son in law Mr.Naveenkumar and defacto complainant Mr.Magesh are having equal partnership in the disputed commercial business in the name and style of “Aswan Fishnet”. They also had entered into an agreement dated 01.04.2012 and accordingly both of them became equal partners. The petitioner further submits that due to misunderstanding between the brothers, the business place M/s Aswan Fishnet” was closed.

5. The petitioner submits that there is absolutely no overtacts against the petitioner and he was falsely included in the case by the defacto complainant P.Magesh and the said Magesh also a member of the Ruling party.

6. The petitioner submits that his son in law Mr.Naveenkumar had filed a writ petition in W.P.No.13503 of 2021 before this Hon’ble High Court praying for direction not to harass by the police and this Hon’ble court was pleased to pass an order stating that
“…There seems to some disputes in the business agreement between them. Since the 4th respondent (P.Magesh, Complainant) had developed jealousy and animosity for the reasons that the petitioners (Naveenkumar) father in law is former minister of the sate there were some dispute between them, finally which had led them to exchange of words filing civil suits and police complaint…”

7. The petitioner further submits that at this stage, both the parties expressed their willingness for possibility of amicable settlement this matter was referred to mediation center for settlement.

8. The petitioner submits that Mr.Naveenkumar also filed a civil suit in OS No. 224/2021 pending on the file of the learned District Munsif Alandur. The petitioner submits that the complainant P.Magesh and the petitioner Naveenkumar are blood brothers and the dispute is civil in nature but the respondent police had given colour of criminal case and filed a false motivated complaint.

9. The petitioner respectfully submits that at prima facie there is no case against him and the alleged overtacts are flimsy motivated and aimed to tarnish his reputation and image in the public. The petitioner submits that the ingredients found in the FIR is civil in nature and the same was given criminal colour.

10. The petitioner had filed bail petition before the Learned Principal Sessions Judge at Chengalpattu in Crl.M.P.728/2022 and the same was dismissed on 03.02.2022.

11. The Petitioner Submits that he is innocent, law abiding citizen and he did not commit any offence as alleged by the Police. The Petitioner submits that he is willing to abide by the conditions imposed by this Hon’ble Court. The Petitioner submits that he is ready to execute sufficient sureties as directed by this Hon’ble Court. The Petitioner submits that unless this Hon’ble Court is pleased to enlarge them on bail, they will be put into irreparable loss and mental agony.
Therefore, it is prayed that this Hon’ble Court may be pleased to enlarge the Petitioners on bail in the case pending investigation in Crime No. 49 of 2022, on the file of the Respondent Police and thus render Justice.
Dated at Chennai this the 04th day of March 2022

COUNSEL FOR PETITIONER
1. Bail to the Satisfaction of Learned Judicial magistrate No.1,at Alandur 2. No similar Petition is pending before any other Court.
3. This is the first bail petition before this Hon’ble Court.
4. Petitioner confined in central prison Puzhal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl.O.P.No. of 2022

Mr. D. JAYAKUMAR, M/A- 62 Years,
S/o. K.Durairaj, …Petitioner/Accused No.2.
-V/sThe State rep. by:The Inspector of Police,
Central Crime Branch,
Team 16, Anti land Grabbing Cell Vepery, Chennai
(Crime No. 49/2022) …Respondent/Complainant.
To
THE DEPUTY REGISTRAR
APPELLATE SIDE, HIGH COURT
CHENNAI

Sir,
Please enter my/our appearance on behalf of the Appellant / Petitioner / Respondent in the above case as I/We have been duly instructed to appear on his/her/their behalf.
/Chennai
04.03.2022 Counsel for Petitioner/Accused No.2

The Address for service of the said Counsel is at
No. 98, Addl Law Chambers high Court Chennai.
Mobile No.9884330090/9840135667

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl.O.P.No. of 2022

Mr. D. JAYAKUMAR, M/A- 62 Years,
S/o. K.Durairaj,
.…Petitioner/Accused.
-V/sThe State rep. by:The Inspector of Police,
Central Crime Branch,
Team 16, Anti land Grabbing Cell
Vepery, Chennai
(Crime No. 49/2022)
…Respondent/Complainant.

PETITION FOR BAIL FILED UNDER SECTION 439 OF Cr.P.C.

M/s I.S.Inbadurai 572/1990
A.Madhumathi (210/1995)
C.P.Palanichamy (769/1996)
R.M.BabuMurugavel 196/1999
E.Balamurugan 667/2002

COUNSEL FOR PETITIONER
Ph-9884330090/9840135667
Email:cppalanichamy@gmail.com IN THE HIGH COURT OF JUDICATURE AT MADRAS
Crl.O.P.No. of 2022

Mr. D. JAYAKUMAR, M/A- 62 Years,
S/o. K.Durairaj,
.…Petitioner/Accused.
-V/sThe State rep. by:-
The Inspector of Police,
Central Crime Branch,
Team 16, Anti land Grabbing Cell
Vepery, Chennai
(Crime No. 49/2022)

…Respondent/Complainant.

MEMO OF APPEARANCE

M/s I.S.Inbadurai 572/1990
A.Madhumathi (210/1995)
C.P.Palanichamy (769/1996)
R.M.BabuMurugavel 196/1999
E.Balamurugan 667/2002

COUNSEL FOR PETITIONER
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