A KANDASAMY Vs. STATE

JUDGEMENT

(1.) On 07.01.2010, around 02.40 p.m., a gruesome and macbre incident took place in Ambai to Tenkasi High Road, in which, a Sub-Inspector of Police in uniform, by name, Vetrivel was brutally hacked with deadly weapons and country bombs were thrown at him, by six persons. This incident was witnessed by one Mani, Sub-Inspector of Police and on his complaint, the respondent police registered a case in Crime No.2 of 2010 for the offences under Sections 147, 148, 294(b), 307 IPC and Section 3 and 4 of the Indian Explosive Substances Act,1908. After the death of Vetrivel, on the same day, Section 307 IPC was deleted and Section 302 IPC was included.

(2.) During the course of investigation, the police arrested Kandasamy (A1) on 09.01.2010, around 01.00 p.m., at Palayamkottai. At the time of his arrest, he was found in possession of a country made pistol. The Pistol was seized and Kandasamy (A1) was placed under Judicial custody. The police proceeded with the investigation and after completing the same, filed a final report in P.R.C.No.16 of 2010 against 18 accused, in which, Kandasamy was arrayed as A1 for the offences under Sections 120(B), 147, 148, 302, 114 IPC and Sections 3(a), 5(a) of the Indian Explosive Substances Act, 1908, and Section 25(1-B)(a) of the Indian Arms Act read with Sections 149 and 34 IPC before the learned Judicial Magistrate, Ambasamuthram.

(3.) The learned Judicial Magistrate, Ambasamuthram took cognizance of the above said offences and on appearance of the accused, the case was committed to the Court of Sessions in S.C.No.48 of 2011 and the same is pending on the file of the learned IV Additional District and Sessions Judge, Tirunelveli. While so, Kandasamy (A1) filed a discharge petition in Crl.M.P.No.128 of 2016 in Sessions Case No.48 of 2011 under Section 227 Cr.P.C.. The trial Court, by impugned order dated 27.04.2016, has dismissed the discharge application, aggrieved by which, the petitioner (A1) is before this Court.