AJITH KUMAR Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This is an application filed by the accused in crime No.229/2021 of Sulthan Bathery police station, which was initially registered alleging offence under Section 286 IPC and Section 9B(1)(d) of the Explosives Act, 1884. The genesis of the crime is a very tragic incident that had happened on 22.04.2021 in a shed adjacent to House No.XIV/522 in Sulthan Bathery Municipality area near Sagar theatre at Karakkandy. The said house belongs to one Radhakrishnan, who is presently employed abroad in Bahrain. During 2017-2018 that house was leased out to the petitioner Ajith Kumar who was running a hotel and business in crackers and explosive substances in Sultan Bathery. The prosecution alleges that, as part of his business he had stored explosive items in the shed. Even though he had vacated the house and stopped the business, he failed to remove the explosive items stored there and the three teenage boys namely, Firoz, Ajmal and Murali who happened to enter into the shed and one of them had ignited a matchbox which led to the setting of fire of the crackers and an explosion took place and all of them sustained grievous burn injuries. Later they succumbed to the injuries. All the three boys died in the incident.

(2.) During the course of investigation Section 304 of the IPC also has been incorporated and now apprehending arrest the petitioner has moved this Court.

(3.) Earlier he had moved an application under section 438 of the Cr.P.C. before the Sessions Court, Kalpetta, which was dismissed by order dated 31.05.2021 and seeking the very same relief he has moved this Court.