PERIA CHELLADURAI AND Vs. STATE

JUDGEMENT

(1.) THE petitioners who are accused in S.C. Nos. 34, 79, and 80 of 1987 pending before the Second Additional Assistant Sessions Judge, Coimbatore, for offences under Ss. 459, 307, 427 and 506(ii), I.P.C., invoke the inherent powers of this Court under S. 482, Crl.P.C., for setting aside the order passed by the Additional Assistant Sessions Judge, Coimbatore in Crl.M.P. No. 38 of 1987 splitting up the above cases.

(2.) FACTS briefly are: - - On the night of 12th April, 1986, the petitioners are said to have been involved in 3 incidents. At about 12 midnight the petitioners are alleged to have trespassed into the promises of a tea factory and attempted to murder one Gnanamuthu. On a complaint by Gnanamuthu, a case in Crime No. 19 of 1986 was registered by the Kadamparai Police for offences under Ss. 307 and 427, I.P.C. In the course of the same transaction at 12:15 a.m. the accused are alleged to have trespassed into the premises of one Dakshinamurthy and committed mischief by damaging the glass window. A case in Crime No. 20 of 1986 was registered for offences under Ss. 427 and 506(ii) I.P.C. In the Course of the same transaction, at 1 a.m., the petitioners are alleged to have trespassed into the house of Jayachandran and caused damages to the glass window and threatened witnesses. A case in Crime No. 21 of 1986 was registered by the same police for offences under Ss. 452, 427 and 506(ii) I.P.C. The police investigated into all the three crimes and since they found that the different incidents had taken place in the course of the same transaction, they filed a single charge sheet regarding the three incidents and the case was committed to the Court of Sessions, Coimbatore and numbered as S.C. No. 34 of 1987. The learned Sessions Judge, split up the above cases and numbered them as S.C. Nos. 34, 79 and 80 of 1987 and made them over to the Additional Assistant Sessions Judge for trial. The petitioners filed Crl.M.P. No. 38 of 1987 under S.218, Crl.P.C., requesting the court to club all the three cases together and try them as a single case. The learned Assistant Sessions Judge passed the impugned order, rejecting the prayer on the ground that the order was passed in Crl. M.P. No. 37 of 1987 only after hearing the counsel for the petitioners and directing clubbing of the above cases once again would result in delay. Aggrieved with the above order, the present petition is filed.