K. JAYARAMA Vs. STATE

JUDGEMENT

(1.) Challenging the proceedings in P.R.C.No.135 of 2013 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai, the present petition has been filed.

(2.) The brief background leading to filing of charge sheet is as follows: On 30.10.2017, the Port of Madras raised a signal for a cyclonic storm named "Nilam" with Signal-7 signifying great danger and thereby directed all vessels in the anchorage to move to open sea. On 31.10.2017 at about 10.15 hrs vessel Pratibha Cauvery started to drag on the starboard anchorage. Though the captain of the ship had ordered to lower the shackles and move the vessel full ahead with all its engines operated, the vessel proceeded towards the land shore. When the vessel was close to the shore, the captain ordered the crew to abandon the ship. 22 crew members boarded a life boat. But however, the life boat capsized and six of the crew members therein drowned and died. In connection with this incident, a complaint came to be registered in Cr.No.4592 of 2012 on the file of the first respondent herein which culminated into framing of the impugned charge sheet for offence u/s.304(ii) IPC wherein the petitioners herein have been arrayed as Al 1, A12 and A13.

(3.) The case of the prosecution is as follows: On 25.09.2012, the ship named "MT. Pratibha Cauvery" arrived at Chennai Port from Budge Budge Port, Kolkatta under IOC Charter for unloading light diesel oil.