ROBINS JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

(2.) Applicant is the first accused in Crime No.1478/2020 of Kalady Police Station, Ernakulam, 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 Explosive 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 against the applicant and some other employees of the quarry. The applicant is the licensee of the quarry and holds the valid license for carrying out the quarrying explosions in the quarry. It is 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.