SEBASTIAN JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) These Bail Applications were submitted by accused Nos.11 and 12 in Crime No.526/2023 of Thanoor Police Station. B.A.No.5397/2023 is filed by the 11th accused, whereas B.A.No.5414/2023 is filed by the 12th accused.

(2.) The aforesaid crime was registered in connection with a boat tragedy that happened on 7.5.2023 at about 7 p.m. at Thanoor Ottupuram River. On that day, a boat owned by the 1st accused carrying 52 persons, including the crew, capsized, and in the incident, 22 passengers died, and several others sustained serious injuries. Initially, the crime was registered under section 174 of the Code of Criminal Procedure (Cr.P.C). During the investigation, it was found that, the offences were punishable under Sections 302, 307, 325, 323, 112, 109, 468, and 471 r/w. Section 34 of the Indian Penal Code (IPC) were attracted, and accordingly, the offences were altered by incorporating the said offences.

(3.) The 11th accused is the Chief Surveyor of the Port Department of the Kerala Maritime Board and the 12th accused is the Senior Port Conservator, Baypore. The role of the said accused, as per the prosecution case is to the effect that they permitted the operation of the said boat by carrying people even before its registration was complete. It is also alleged that the boat was initially a fishing boat, and as against statutory provisions, it was converted into a passenger boat, and the petitioners have helped the 1st accused, the owner of the boat, to carry out necessary alterations in this regard. As part of the investigation, the petitioners/accused Nos.11 and 12 were arrested on 11/6/2023. Since then, they have been under judicial detention. These applications for regular bail are submitted in such circumstances.