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2021 Supreme(Mad) 2769

N.ANAND VENKATESH
K. Rajendran Babu – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. Padmanabhan, S.B. Viswanathan
For the Respondents: C. Raghavan

ORDER :

N. Anand Venkatesh, J.

1. This petition has been filed challenging the proceedings pending before the Court below in SC No. 25 of 2017.

2. The case of the prosecution is that on 21.02.2015, children studying in classes 6th to 8th standards in Sri Lakshmi Higher Secondary School, were taken to Queensland Amusement Park. One of the students Master E. Prabhakaran, aged about 11 years drowned in the swimming pool inside the said amusement park. The deceased was rushed to Saveetha Hospital and the doctors declared him as brought dead.

3. The Respondent police registered an FIR in Crime No. 395 of 2015 under Section 174, Code of Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C."). In the course of investigation, A1 to A3 who are the General Manager, the Executive Manager and the person in-charge of the swimming pool, respectively, working for the amusement park, were added as accused, and the FIR was altered for an offence under Section 304-A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). On completion of the investigation, Final Report was filed as against five accused persons and the Petitioners are ranked as A4 and A5 in the Final Report. The F

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