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2024 Supreme(Online)(MAD) 38111

HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
ANBAZHAGAN – Appellant
Versus
THE STATE – Respondent


O R D E R

This Criminal Original Petition is filed to quash the C.C.No.10/2024 on the file of the Judicial Magistrate, Coonoor.

2. The petitioner is arrayed as a 3rd accused in the above case.

According to the prosecution, the petitioner who is the tour organiser arranged for a tour to Ooty and other places from Kadayanallur. While returning from Coonoor, the tourist bus fell down while turning the hairpin bend, in which 8 persons died and several got injured. The case under Section 279, 337, 304 (A), 336 and 338 of I.P.C registered in Crime N0.180 of 2023 by Coonoor Town Police which culminated in C.C.No.10 of 2024 on the file of the Judicial Magistrate, Coonoor.

3. The Learned Counsel for the petitioner submit that the petitioner is the tour organiser. The accident caused allegedly due to the negligence of the driver by name Muthukutty. There is no act of negligence or contribution to the negligence by this petitioner and therefore, the case against him has to be quashed.

4. The Learned Government Advocate (Crl.Side) for the respondent submitted that by engaging an old person as a driver, the petitioner has contributed to the accident and therefore, liable for prosecution. 5. The stat

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