Yesterday 2nd April, Kerala HC denies bail to six accused involved in Thrippunithura fireworks blast, citing seriousness of the incident resulting in two deaths, numerous injuries, and extensive property damage.Court directs Kerala Legal Services Authority to explore dispute resolution for affected individuals and notes persistent flouting of firework regulations despite past tragedies.
Kerala: The Kerala High Court refused to grant bail to six individuals who accused of playing a role in the explosions at the Puthiyakavu Bhaghavathi Temple in Thrippunithura on February 12.
During this, Justice CS Dias also highlighted Kerala’s persistent interest in pyrotechnics, despite a troubling past of firework-related accidents.
The Court Stated,
”Kerala has a somber history of fireworks-related accidents. The lingering recollections of the Puttingal fireworks tragedy, in which 107 individuals lost their lives in the early hours of 10.04.2016 during a competitive firework display at the Puttingal Devi Temple, despite explicit prohibitory orders from the District Administration, continue to haunt us and serve as a solemn reminder.'”
Read Also: Kerala High Court: Senior Citizens Can Claim Past Maintenance from Children
The Court also noted that despite the limitations set by both the Supreme Court and the High Court on firework exhibitions, individuals have continued to disregard the law by using fireworks.
The Court remarked,
”Nothing appears to dissuade the offenders, who persist in violating the law without consequences, sometimes with tacit approval from the authorities.”
The Court went on to dismiss the bail pleas of the six individuals accused in the Thrippunithura fireworks explosion case.
The Court expressed the view that despite the accused being in custody since February 15, the severity of the incident and the alleged offenses precluded them from being granted bail.
The Court’s order stated,
“The blast led to the loss of two lives, numerous injuries, and significant damage to 321 residences. The evidence at first glance supports the involvement of the petitioners in the offense,”
Read Also: Kerala High Court Stresses the Importance of Financial Support for Advocates
Interestingly, the Court also instructed the Kerala Legal Services Authority to consider organizing an adalat to address the concerns of those impacted by the explosion.
The Court stated,
“In considering the suffering endured by numerous innocent individuals due to the unlawful actions of lawbreakers, often with the tacit acceptance of authorities, and noting the purported public liability insurance coverage in the affected area, I am persuaded that the urgent intervention of the Kerala Legal Services Authority (KELSA) is necessary, particularly as many lives and properties are at risk,”
The case revolves around allegations of illegally transporting and storing a significant quantity of explosives at a temple without the required license. Last month, an explosion occurred during the unloading of firecrackers, resulting in the death of two individuals, injuries to over ten people, and damage to houses and properties within a one-kilometer radius.
The accused in this case charged with offenses punishable under Sections 286 (negligent conduct with respect to explosive substances), 304 (culpable homicide not amounting to murder), and 308 (attempt to commit culpable homicide) of the Indian Penal Code, as well as provisions of the Explosive Substances Act, 1908, and the Explosives Act, 1884.
They argued before the High Court that they had no involvement in the explosions and that their continued detention was unnecessary for completing the investigation.
However, the prosecution opposed their bail applications, alleging that despite police warnings not to conduct the firework display, the accused clandestinely brought and stored a large quantity of explosives in the area, leading to the blast.
After considering arguments from both sides, the Court rejected the bail applications of the accused.
The petitioners (accused) represented by senior advocates B Raman Pillai and P Vijayabhanu, as well as advocates R Anil, C Chamakkala, Sujesh Menon VB, Thomas Sabu Vadekekut, Mahesh Bhanu S, Ressil Lonan, Ananth Krishna KS, Sruthy N Bhar, PM Rafiq, Ajeesh K Sasi, M Revikrishnan, Rahul Sunil, Sruthy KK, Nikita J Mendez, Sohail Ahammed Harris PP, and Nianditha S.
Senior Public Prosecutors Neema TV and CS Hrithwik appeared on behalf of the State.
In a related matter, residents living near the Thrippunithura temple also filed a separate petition before the Kerala High Court seeking compensation for the damages caused to their houses and properties due to the explosions.