SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for regular bail under Section 439 of Cr.P.C.

(2.) The applicant in B.A. No.6584/2020 is the 7 th accused while the applicant in B.A. No.6586/ 2020 is the 5 th accused in Crime No.1478/2020 of Kalady Police Station for having allegedly committed offences punishable under Sections 9B(1) (b) and 9B(3) (c) (ii) of the Explosives Act , Section 5(1) of the Explosives Substances Act and Section 118(e) of the Kerala Police Act.

(3.) The prosecution case, in brief, is that on 21.09.2020 at about 3.30 a.m., two workers in a quarry namely, Nagaraj and Periyannan, residing in a building close to the quarry were killed, as a result of explosion of the explosives substances stored near the quarry. In consequence of that, crime was registered not only against the applicants but also the licensee of the quarry, the owner of the building and some other employees of the quarry. The applicants were arrested on 27.09.2020 and remanded to judicial custody. They are only employees of M/s Vijaya Group of Companies. The 7 th accused claims that he is the cashier while the 5th accused claims that he is the Accountant in that particular quarry. It is also further stated that the explosives are usually stored in a magazine situated 3 km away from the quarry. Certain explosives were brought to the site for the purpose of explosion in the quarry. However, vide Annexure 2 whatsapp message circulated by the Tahsildar under the instructions of the District Collector, orange alert was declared in that area and the quarries were refrained from functioning till further orders. It so happened that the explosives substances which were brought from the magazine to the quarry could not be sent back to the magazine for storing, as a result of which, this unfortunate accident of explosion took place and two persons employed in the quarry were killed. The applicants state that it was not a wanton act of culpable homicide and offence under Section 304 will not be attracted. It is further stated that to attract an offence under Section 5(1) of the Explosives Substances Act, the storing of explosive substance must be for an illegal purpose. There is no such case for the prosecution. They seek bail stating that they do not have any other criminal antecedents and that they are willing to cooperate with any conditions that may be imposed.