← Library
Madras High CourtCRL OP/17503/2024dismissed

Ganapathy v. State Rep By

2024-07-24Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 31.05.2024, seeking bail in Crime No.293 of 2024 for the alleged offences punishable under Sections 287, 337 & 304(2) of IPC.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner's company was constructed only as per the SIDCO company's rules and regulations and all safety equipments are also available. He also submitted that the accident has occurred only due to the power shortage and there is no lapse on the part of the petitioner. He further submitted that the petitioner has also incurred huge loss due to the accident and further, he is having health issues and taking treatment for the same.

1 / 4

3. He also submitted that the relative of the petitioner is also one of the victims and the petitioner is also ready to pay the compensation to the deceased employees, whereas, the petitioner has been in custody from 31.05.2024, therefore, he was unable to give proper relief to the victims. He further submitted that only if the petitioner enlarged on bail, he can be able to arrange the amount for the victims, hence, he prayed for bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, due to the fire accident in the company run by the petitioner in the name and style of Zen Paints & Chemicals at SIDCO Industrial Estate, Kakkalur, the company's compound wall collapsed and three employees of the said company and a passerby, died. He further submitted that the accident was happened only due to the poor safety measures in the petitioner's company. He also submitted that the investigation in this case is still pending, hence, he opposed for granting bail to the petitioner.

5. The respondent has filed a detailed counter. 2 / 4

6. It is seen that, as a result of the absence of safety measures at the petitioner's company, four individuals lost their lives. Therefore, taking into consideration the submissions made by the learned counsel on either side, taking note of the fact that the investigation in this case is at initial stage and also considering the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 24.07.2024 ham 3 / 4

T.V.THAMILSELVI, J.

ham 24.07.2024 4 / 4