CHINNU NAICKEN Vs. RANGASAMI

JUDGEMENT

(1.) This is a petition filed under section 482 Cr.P.C. to set aside the order of the Additional Sessions Judge, Salem, clubbing S.C. Nos. 59 and 60 of 1979 on his file.

(2.) For an incident that took place on 21-4-1978 in Akkampalayan village, a charge sheet was filed in S.C. No. 59 of 1981 the first accused being the Vendikkara Muthu Naicken who is dead and fifteen other accused. Regarding the same incident Chinnammal, wife of the deceased preferred a complaint against seventeen persons which is the subject matter of S.C. No. 60 of 1981. Vendikkara Muthu Naicken who is an accused in S.C. No. 59 of 1979 is also an accused in S.C. No. 60 of 1981. On account of his death there are 16 accused in S.C. No. 60 of 1979. Except one Kondappan who is A-9 in S.C. No. 59 of 1979 all others are included as accused in S.C. No. 60 of 1979. A-9 Chinnu Naicken and A-10 Rangasamy in S.C. No. 60 of 1979 are not the accused in the other case and the rest of the accused are common in both the cases.

(3.) A petition was filed by the Additional Public Prosecutor on behalf of the State before the learned Additional Sessions Judge for making Accused 9 and 10 in S.C. No. 60 of 1979 as Accused 16 and 17 in S.C. No. of 1979 and the cases to be clubbed and tried together. The petition of the Additional Public Prosecutor was resisted as the two persons shown in S.C. No. 60 of 1979 are not made accused in S.C. No. 59 of 1979. It was also urged that clubbing of both cases is prejudicial to the accused and the clubbing is illegal. The learned Additional Sessions Judge allowed the petition of the State and made an order clubbing S.C. Nos. 59 and 60 of 1979.