Sundaramoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Sundaramoorthy

2. K.Kanagu

3. E.Ramkumar ... Petitioners / Accused No.1,3 and 4 Vs The State of Tamilnadu rep by its The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District.

(Crime No.166 of 2023.) ... Respondent / Complainant For Petitioners :

Mr.PR.Boome Rajan,Advocate.

For Respondent :

Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No.166 of 2023 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioners/A1,3 and 4 herein, who were arrested and remanded to judicial custody on 19.10.2023 for the alleged offences under Sections 286,337,304(ii) of IPC r/w.Section 9(B)(1)(a) of Indian Explosives Act in Crime No.166 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution is that due to negligent handling of explosives and violation of rules in Kanishkar Fire works, Rengapalayam Village fire crackers exploded on 17.10.2023 in which 13 persons died and four persons sustained simple injuries. Hence, the case.

3.The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He would further submit that a compensation of Rs.5,50,000/- has been paid to the family of the deceased by the owner of the factory and the factory administration will arrange to get a sum of Rs.50,000/- as group insurance, ESI, PF and other upto Rs.6,00,000/- to the family members of the deceased. He would further submit that petitioners are in judicial custody from 19.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor submitted that due to negligent act of the persons working in the fire works factory fire crackers exploded on 2/4

17.10.2023 in which 13 persons died and four persons sustained simple injuries.

5. Taking into consideration the facts and circumstances of the case and also the fact that due to the negligent act of the petitioners 13 persons lost their life and four persons sustained injuries, the petitioners are not entitled for the relief of bail.

6. In view of the same, the petition stands dismissed. sd/- 08/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV To 1.The Inspector of Police, M.Pudupatti Police Station, Virudhunagar District.

2.The Superintendent.

Central Prison, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.20052 of 2023 Date :08/11/2023 3/4

ED/VRS/SAR- (10/11/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4