P DHARAMCHAND Vs. COMMISSIONER OF POLICE EGMORE CHENNAI

JUDGEMENT

(1.) THE petitioner is the sixth accused facing trial in S.C.No.7 of 2004 on the file of the Additional Sessions Court for exclusive trial of bomb blast cases, Chennai at Poonamallee for offence punishable under Secs.307, 452, 506(ii) I.P.C., read with 109 I.P.C., and Sec.6 of Explosive Substances Act.

(2.) THE case of the prosecution in the said case may be set out briefly as under: (a) On 7.6.2001 the Sub-Inspector of police, E-1 Mylapore Police Station was on patrol duty along with HC.87, Raveendran and the driver PC 16390, Sekar and when they were proceeding in the patrol vehicle at about 22.30 hrs, they received a message from the Police Control Room that there was some disturbance at No.7, Muthuram Street, Mylapore. THEy rushed to the spot and found that there was some scuffle between the house owner - Premchand and 4 other persons, on account of dispute between the said Premchand, and the petitioner herein, with regard to the sale of plot at Mandaveli Market. (b) THE Sub-Inspector of Police enquired the persons available at the place of occurrence. At that time, two of the accused rushed out of the house of the said Premchand and hurled the bomb, which exploded with a loud noise and heavy smoke came out. Taking advantage of the smoke, they tried to escape from the spot and immediately Sub-Inspector of Police along with the Head Constable and the driver and other people apprehended one of the persons viz., Jagan alias Jagadeesan and the other 3 persons escaped from the scene of occurrence. (c) Because of the explosion of the bomb, the Sub-Inspector of Police sustained injuries on his right hand, right thigh and right side of his hip. THE Head Constable sustained injuries at his left eye-brow and left thigh. On receipt of a report about the above occurrence, a case was registered in Crl.No.1139 of 2001 on the file of the said police station under Secs.448, 307, 332 and 506(ii), I.P.C., and Sec.3(1) of the Indian Explosives Act. (d) THEreafter, the said crime was investigated and ultimately a final report was filed against the accused Nos.1 to 5 under Secs.120-B, 452, 307, 332, 506(ii) I.P.C., and Sec.3 of Explosive substance Act and under Secs.307, 452, 506(ii) I.P.C., read with 109 I.P.C., and Sec.6 of Explosive Substances Act against 6th accused, petitioner herein. Similarly A-7 was charged for the offence punishable under Secs.120(B), 452, 307 and 506(ii) IPC and Sec.4(a) of Explosives Substance Act. Sanction to prosecute the case was obtained by the respondents on 27.2.2003 from the District Collector.

(3.) THE parties to these proceedings may be referred to hereunder as they are arrayed in the said criminal original petitions and the third party who has filed the intervener application may be referred to hereunder as an intervener.