COMMON ORDER

These Criminal Original Petitions filed to quash the proceedings in C.C.Nos.208, 207 & 209 of 2018 and C.C.Nos.206 & 205 of 2018 respectively, pending on the file of the learned Chief Judicial Magistrate, Namakkal, against the respective petitioner.

2.The petitioner in Crl.OP.Nos.24723 & 24804 /2019 is the occupier and the sole accused in CC.Nos.205 and 206 of 2018 respectively. The petitioner in 24719, 24734 & 24728 /2019 one T.Ravi Kumar who is the sole accused in CC.Nos.207, 208 & 209 of 2018 respectively.

3.The name of the company is M/S.Vaigai MPR Agro Industries Pvt.

Ltd, which involved in manufacturing rice bran oil. On 06.05.2019, a fire accident occurred in the industry in which 17 workers died and two workmen got injured. On 25.03.2010, five complaints have been filed against the occupier and the manager for violating the norms prescribed under the Factories Act. Subsequent to the accident, an inspection was done by the Inspector of Factories on 07.05.2019. During the said inspection and investigation, it is found that there was failure to provide and monitor the safety norms as prescribed under the Factories Act. After giving a show cause notice and getting the explanation from the accused, on 25.03.2010 the complaints were given by alleging that the factory had involved in manufacturing rice bran oil through solvent extraction method by using hazardous organic chemical by name Hexane as solvent. The said chemical should never to be allowed to leak in the air and as per the Indian Standard, its lower explosive limit is 1.1% in the air. Hexane would became vapor at 68 decree Celsius and it catches fire when its level exceeds 1.1 % in air in the presence of an ignition source; in the absence of adequate ventilation the vapor gets accumulated and if its level exceeded 1.5% in air, it forms a vapor cloud and spread towards ground. This is because of its density is higher than that of air. This would cause spontaneous explosion in the presence of any form ignition source. The petitioners started the plant only

06.05.2009 and factory started the production activities from 04.05.2019.

3.1. The stacking of raw rice bran packs were continued during the above period and consequently the stocks of rice bran temporarily got raised blocking the adequate ventilation in the hall and it caused a ventilation failure. Due to ventilation failure, on 06.05.2009 at 9.00am there occurred a spontaneous vapor cloud followed by fire. The Hexane source was caught fire and exploded due to the electrical spark from the choke of a fluorescent lamp installed in the hall. As the explosion was spontaneous and its temperature was higher than the normal fire it broke out faster and engulfed the entire hall and due to which 19 workers who were working at that instant got caught in the fire and that resulted in the death of 17 workers and two workers sustaining severe burn injuries. As stated already, subsequent to the occurrence the inspection was made by the authorities concerned, on 07.05.2009 at 10.00 am. The inspection revealed certain violations and due to which the petitioners were prosecuted through five different private complaints for the offences: