Kerala High Court denies bail to six in Thrippunithura temple firecracker blast case

The Kerala High Court on Tuesday refused to grant bail to six persons accused of having a role to play in the explosions that occurred at the Puthiyakavu Bhaghavathi Temple in Thrippunithura on February 12 in connection with a temple festival [Anil Kumar & Ors. v. State of Kerala]..While doing so Justice CS Dias also took critical note of Kerala's enduring fascination with pyrotechnics, despite a grim history of firework-related mishaps. "Kerala has a grim history of fireworks-related accidents. The haunting memories of the Puttingal fireworks tragedy, where 107 persons perished in the wee hours of 10.04.2016 in a competitive firework showcased in connection with the Puttingal Devi Temple, in blatant defiance of the prohibitory orders of the District Administration, still haunts us and remains as a stark reminder," the Court remarked..The Court further observed that despite restrictions placed by the Supreme Court as well as the High Court on firework displays, people have not been deterred from using fireworks without adhering to the law."Nothing seems to deter the perpetrators, who continue to infringe the law with impunity, which at times is being tolerated by the (law) enforcers," the Court said. .The Court proceeded to reject the bail petitions of the six persons accused in the Thrippunithura fireworks blast case. The Court opined that even though the accused have been in custody since February 15, the gravity of the incident and the offences alleged disentitled them from being released on bail."The explosion has resulted in the loss of two lives, injuries to many and substantial damage to 321 dwellings. The materials prima facie substantiate the involvement of the petitioners in the crime", the Court's order stated. .Interestingly, the Court also directed the Kerala Legal Services Authority to explore the possibility of organising an adalat to address the grievances of the persons affected by the explosion. "On visualising the trail of miseries of the hundreds of innocent people, due to illegal action of the infringers of law, with the tolerance of the enforcers, and that the locality is said to be covered by public liability insurance coverage, I am convinced that the matter warrants the emergent intervention of the Kerala Legal Services Authority (KELSA), especially because lives and property of many are in peril," the Court said. .The case involves allegations that a huge quantity of explosives were illegally transported stored at a temple without a license to store, transport or use explosives.An explosion occurred last month allegedly while firecrackers were being unloaded. The blast killed two persons, injured over ten persons and damaged houses and other properties within a 1 kilometer radius..The accused in this case stand accused of committing offences 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), among other provisions of the Indian Penal Code as well under the provisions of the Explosive Substances Act, 1908 and the Explosives Act,1884.They argued before the High Court that they played no role in the explosions and that their continued detention was not necessary for completing the investigation. However, the prosecution opposed their bail applications. The State alleged that even though the police served advance notices to not conduct the firework display, the accused stealthily brought and stored a huge quantity of explosives in the locality, which led to the blast. After considering rival submissions, the Court dismissed the bail applications of the accused. .The petitioners (accused) were represented by senior advocates B Raman Pillai and P Vijayabhanu and 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 for the State..On a related note, the Kerala High Court is also seized of a separate petition moved by residents living near the Thrippunithura temple seeking compensation for the damages caused to their houses and other properties due to the explosions..[Read Order]