RANGANATHAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) PETITION for bail.

(2.) OFFENCES alleged are under Sections 304(ii) and 337 of IPC.

(3.) LEARNED counsel for the petitioners further contended that even taking the allegations as such an offence under Section 304(ii) IPC is not attracted as against the petitioners. The essential ingredients for an offence under section 304(ii) IPC are guilty mind (knowledge) and overtact on the part of the petitioners. To apply Section 304(ii) IPC as against a person the foremost requirement is an act committed by the accused. It must be an act that has contributed/responsible for the death. However, in this case, except the petitioners being the staff of the company they have not committed any act which has connection with the deaths inside the factory. Petitioners cannot be held to have committed an act with requisite knowledge that it is likely to cause the death of the employees.