The applications are filed under Section 438 of the Code of Criminal Procedure, for orders of pre-arrest bail.

2. In BA No.1968/2024, the petitioners are the accused 13, 15 to 19, 21 to 23 and 25 to 29 and in BA No.2085/2024 the petitioner is the accused 20 in Crime No.242/2024 of the Hill Palace Police Station, registered against the accused (34 in number), for allegedly committing the offences punishable under Secs.286, 304, 308, 337, 427 and 212 read with Sec.34 of the Indian Penal Code, Section 3(a) of Explosive Substances Act 1908 and Section 9(B) (1) (b) of Explosive Act.

3. The prosecution allegation in the above cases are as follows:

The gravamen of the prosecution allegation in Crime No.242/2024 is that: On 12th of February 2024, the accused Nos.7, 8, 29 to 31 led by the 1st accused (the contractor), on instructions from the accused Nos. 2 to 6 and 9 to 28 - the members of Vadakkumpuram Thalappoli Festival Committee, the Office bearers of Vadakkumpuram Karayogam and the Office bearers of the Temple Devaswom- brought raw materials and explosive substances in a 17 seater tempo traveller van bearing No.KL–07–CB–7133, without any licence or permission from Pothancode, Thiruvananthapuram, being aware that it could cause harm to life and property and even death.

The explosives were unloaded and unlawfully stored in a shed built on 70 cents of land belonging to Vadakkumpuram Nair Karayogam, situated on the southern margin of the YMA Road. Due to the careless handling of the explosives, the explosion took place resulting in the death of Vishnu and Anil, causing grievous injuries to 12 persons, extensive damage to 15 nearby houses, leaving them unfit to dwell, and damage to 300 houses and vehicles parked in the locality. The accused Nos. 1 to 34, including the accused Nos.32 to 34, who harboured the accused persons 9 to 11, have committed the offences punishable under Sections 286, 304, 308, 337, 427 and 212 read with Sec.34 of the Indian Penal Code, Section 3(a) of Explosive Substances Act 1908 and Section 9(B) (1) (b) of Explosive Act.

4. Heard; Sri.P.Vijayabhanu, the learned Senior Counsel appearing for the petitioners in BA No.1968/2024, Sri.Geo Paul, the learned counsel appearing for the petitioner in BA No.2085/2024 and Smt.Neema T.V. the learned Senior Public Prosecutor.

5. The learned Senior Counsel appearing for the petitioners submitted that the petitioners are only the festival committee members of the Puthiyakavu Bhagavathy Temple ( ‘temple’ for brevity), who are only responsible for the conduct of ultsavam at the temple. They do not have any authority in the administrative affairs or planning of the ultsavam. The ultsavam of the Temple is steeped in a historical legacy of half a century. The integral tradition of the fireworks display, a time-honoured practice, forms an inseparable part of these essential traditions along with vela and thalam among several other longstanding traditions. The Puthiyakavu Bhagavathy Temple Devaswom Committee has a collective representation from both Thekkumpuram (South N.S.S. Karayogam) and Vadakkumpuram (North Nair Karayogam) and is entrusted with the day-to-day operations of the Temple. Fireworks - “vedi vazhipadu” has been separately organised by both Karayogams within the Temple grounds spanning a considerable area. The ultsava agosha committee is an independent group and is constituted only to collect offerings from the devotees.

The Vadakkumpuram Karayogam had delegated the responsibility of the vedikkettu vazhipadu to the first accused, who had conducted the same in the last year in a secure manner. The 1st accused had assured the committee that he possessed the license and certification for the task. The first accused was to adhere to the instructions of the committee and had agreed to bring the fireworks only on the evening of 12.2.2024, to avoid storage within the temple premises. To ensure safety during the programme, the Karayogam Committee obtained a public