Sathik Kul Amedu And Others vs State

G.Chandrasekharan, J

The petitioners, who were arrested and remanded to judicial custody on 05.07.2023 for the offence punishable under Sections 288 and 304 (ii) of I.P.C., in Crime No. 208 of 2023 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioners submitted that first petitioner is a site Engineer and second petitioner is site Manager of M/s.Srinivasan Associates Private Limited. M/s.Srinivasan Associates Private Limited engaged in construction activities at Sri Krishna College, Kuniyamuthur. On 04.07.2023, unfortunately, when a digging work was done near an existing compound wall, the existing compound wall fell down on the workers. As a result, four workers namely i)Kolli Jaganathan, ii)Rabakha Kannaiah, iii)Nahila Sathyam, iv) Bishgosh suffered injuries and died on the spot. Another worker namely Bharun Gosh also suffered injuries and he died later.

3.In continuance of his submission, the learned counsel for the petitioners submitted that M/s.Srinivasan Associates Private Limited had already distributed Rs.6,00,000/- each to the family members of the deceased person. Now petitioners are willing to deposit a further sum of Rs.9,00,000/- each to the respective families of the deceased for the unfortunate incident. Petitioners are in judicial custody from 05.07.2023. Thus, he seeks bail.

4.In response, the learned Additional Public Prosecutor submitted that investigation in this case is pending.

5.Considered the rival submissions and perused the records.

6.The First Information Report allegations show that the defacto-complainant gave a complaint alleging that twenty persons were engaged in construction activity at Sri Krishna College, Kuniyamuthur. On 04.07.2023, when a digging work was done near an existing compound wall, the existing compound wall fell down on the workers. As a result, workers suffered injuries. Four persons died on the spot and one person died later. First Information Report allegations show that the incident happened not because of any role or criminal act committed by this petitioner. May be that proper precautionary or security arrangements had not been taken before digging a pit. In view of the monetary help extended by the M/s.Srinivasan Associates Private Limited to the family members of the deceased by paying a sum of Rs.6,00,000/- each and now they come up with an offer of paying Rs.9,00,000/- each to the respective family members of the deceased, and that petitioners are in judicial custody from 05.07.2023 and that material part of investigation in this case might have been completed by this time, this Court is inclined to grant bail to the petitioners with conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court No.7, Coimbatore and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners without prejudice to their defence shall deposit a sum of Rs.9,00,000/- X 5 = Rs.45,00,000/- (Rupees Forty Five Lakhs only), to the credit of the Crime No.208 of 2023 before the Judicial Magistrate Court No.7, Coimbatore. On such deposit, learned Magistrate is directed to use the amount under Section 357 of Cr.P.C for awarding compensation to the family members of the victim; Payment of this amount will not amount to admission of guilt of the petitioners. Learned Judicial Magistrate, No.7, Coimbatore, shall deposit this amount in interest bearing deposit scheme in a nationalised bank and then disburse the amount to the legal heirs of the deceased at an appropriate time.

[c] the petitioners shall report before the respondent Police at 10.00.a.m., until further orders.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.