Bail may be granted when there is no intent to harm, no criminal history, and no risk of absconding.

O R D E R

Dated this the 12th day of October, 2020 APPLICATION FOR REGULAR BAIL Applicants are accused no.4 and 6 in Crime No.1478/2020 of Kalady Police Station for having allegedly committed offences punishable under Sections 304 , 286 read with Section 34 of the IPC and Sections 9B (1)b, 9B (3) (c) (ii) of The Explosives Act , Section 5 of Explosives Substance Act and Section 118 (e) of KP Act.

2. The prosecution case, in brief, is that, in violation of the conditions of the licence issued to the owners of the quarry named Vijaya Quarry, on 21.09.2020 at about 3.30 a.m., an explosion took place, stored in the staff quarters of the quarry, and resulted in death of two persons who were sleeping there. The applicants are alleged to be employees of the quarry in their capacity as Supervisor and Manager. The applicants would contend that they were only Driver and Cashier, and that they do not have any sale regarding the movement of the explosive substances in the quarry and the responsibility for the storing of the explosive substances in the quarry is entirely on the owners of the quarry. Hence, the applicants pray that they may be released on bail.

3. Heard the learned counsel appearing for the applicants and also the learned Public Prosecutor.

4. The learned Public Prosecutor vehemently opposes the application stating that the applicants are the persons, who are responsible for the functioning of the quarry, and even though, the owner of the quarry has in valid licence, it is to be functioned in accordance with the terms of the licence by the applicants, and therefore, the applicants cannot be exonerated and they cannot be granted bail at the early stage of investigation. The applicants were arrested on 26.09.2020, and it is too early for them to be released on bail.

5. After having heard the counsel for the applicants and the learned Public Prosecutor, I find that the applicants are held up for an offence under Section 304 IPC . There is no intention for the applicants to cause the death of anyone, but the question remains is whether they were aware of the fact that storing of explosive substance in the quarters attached to the quarry would likely caused the death of the persons, who had died due to the explosion. I am not going into a detailed discussion regarding the maintainability of the offence under or Section 5 of the Explosive Substance Act. But, it would suffice to say that the applicants are persons without any criminal antecedents, and they have been incarcerated since 26.09.2020 and there is no need for any further custodial interrogation of the applicants. There is no likelihood of their absconding as well, and therefore, they are entitled to be released on bail.

6. In the result, the bail application is allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(ii) They shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

(iii) They shall not intimidate or influence the witnesses (iv) They shall not get involved in any similar offences.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.

The bail application is allowed.