THIYAGARAJAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is the first accused in C.C.No.35 of 1987 on the file of the Second Additional Sessions Judge, Madras. THE second accused in said Calendar Case Thavamani Thiyagarajan is the wife of the petitioner.

(2.) THE petitioner is a male nursing assistant in the Government Stanley Hospital, Madras and his wife Thavamani is a staff nurse at Government General Hospital, Madras. Both of them originally resided at No.24, Servant Quarters, Stanley Medical Hospital along with the father of the petitioner (since deceased) the mother of the petitioner and five of his brothers and later shifted to No.1S,Shanmuglvarayan Street, Madras-1.

(3.) THE trial Judge, after hearing both the parties, dismissed the prayer made by the petitioner and his wife holding that a joint trial will not be feasible, only if the prosecution had alleged that by corrupt or illegal means or by otherwise abusing their position as public servants they had obtained for themselves or for any other person any valuable thing or pecuniary advantage land that in a case of possession of pecuniary resources or property disproportionate to their known sources of income the exception under Sec.223, Crl.P.C., will operate. THE aggrieved petitioner has chosen to invoke the inherent powers of this Court to have the order of the trial Court, set aside.