GNANAPRAKASAM AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The prosecution case is that the accused 1 and 4, brothers and 2, 3 and 5 again brothers, were close relatives and jointly ran a concern by name Ranjith Rathna Match Works. Sixth accused is the Manager of such concern. As the accused persons failed to run their factory in keeping with the requirements of the Factories Act and Rules and engaged women-folk without providing them requisite protection and safety. On 11.06.2013 they negligently engaged women-folk to load sacks of match-sticks into a container box on a van when a fire broke out at 1.30 p.m., resulting in four women meeting instant death in the inferno. One other woman was grievously injured. The container box was damaged. A case was registered in Cr. No. 396 of 2013 and pursuant to investigation, charge-sheet informing commission of offences under Sections 285, 286, 304(A) of I.P.C and Sections 9(B)(1)(a) of the Explosives Act has been filed. The case has been taken on file in C.C. No. 152 of 2014 on the file of the Judicial Magistrate No. I, Kovilpatti. The petitioners who are accused Nos. 3 to 6 seek quash. We have heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) and also perused the I records and the typed set of papers.

(2.) The learned counsel for the petitioner submitted that in S.T.C. No. 249 of 2013, arising out of a complaint preferred by the Inspector of Factories, informing the commission of offence under Section 41 r/w 61 (f) of Factories Act and Rule 61(g) because of the very same incident of 11.06.2013, the first accused K.T. Thilagarathnam had been informed to be the Manager, while the second accused was informed to be the occupier of the factory. In such case, the present petitioners who have nothing to do with the match firm were not accused. The first accused in the present case is the brother of the second accused, while the petitioners 2 to 4 are his cousins. Though they are thus related to the second accused, they are in no manner involved in the affairs of the concern, Ranjith Rathna Match Works.

(3.) Learned Government Advocate (Crl. Side) would submit that the confessional statement of the 2nd accused informs of these petitioners being partners of Ranjith Rathna Fire Works.