DR.LAKSHMI Vs. STATE

JUDGEMENT

(1.) The revision is filed aggrieved by the order of the learned First Additional Sessions Judge, Chennai dtd. 21/12/2021 in Crl.M.P.No.17523 of 2021 in S.C.No.265 of 2019 in and by which, the prayer of the petitioner / third accused to discharge her from the case, was rejected by the Trial Court.

(2.) Heard Mr.R.John Sathyan, learned counsel for the petitioner and Mr.S.Vinoth Kumar, learned Government Advocate (Crl. Side), appearing on behalf of the respondent.

(3.) Learned counsel for the petitioner submits that, in this case, the allegation of the prosecution is that, on 12/11/2013, at about 3.30 AM, the first accused Anbusurya, who is the younger brother of the petitioner was driving a car bearing Registration No.PY-01-BR-7290 and the second accused, namely one Krish @ Sebastian Krishnan was the co-passenger in the rear seat and the petitioner was the co-passenger in the front sear. The car, while nearing the All India Radio building at Kamaraj Salai (Beach Road, Chennai), ran berserk and dashed against three pedestrians, killing them instantly and gravely injured one more person and injuring two other persons. The car also dashed against a motor bike, bearing Registration No.TN-48-S-4380 and went on to dash against a TATA SUMO, bearing Registration No.TN-12-4621 and came into halt after colliding with yet another car bearing Registration No.TN-06-F-8880, which was parked in front of the All India Radio building. The Police Man on duty was also one of the unfortunate victim. On the strength of the said allegations, all the three accused are now prosecuted in S.C.No.265 of 2019. The first accused for the offence under Sec. 304(ii) (3 counts) and other two accused for the offence under Sec. 304(ii) (3 counts) r/w 109 of the Indian Penal Code and for the other offences.