[Vizag Gas Leak] Andhra Pradesh HC grants bail to LG Polymers' CEO, others; says mitigating factors dent gravity of offence alleged

The Andhra Pradesh High Court on Tuesday granted bail to twelve persons from the LG Polymers' management accused in relation to the gas leak incident at the LG Polymers plant, Visakhapatnam (Vizag) in May this year..The accused who have been granted bail and enlarged include the company’s CEO, two directors and nine others who were arrested in connection with the complaint filed after a hazardous gas escaped from the LG Polymers plant earlier this year..The incident had led to loss of several lives while also impacting the environment adversely to a great extent, leading to the accused persons being charged under Sections 278, 284, 285, 337, 338, and 304-II of the Indian Penal Code..The accused petitioners had sought bail from the Court mainly on the grounds of apprehension of COVID-19. They also undertook to comply with and abide by any and all conditions that the Court may impose while granting bail..While granting bail, Justice M Venkata Ramana said that the investigation is unlikely to be affected should the request of the accused for bail be granted. The Court added that various factors were in favour of the accused for being enlarged on bail..The Court’s order says that while the incident did have a large and very adverse impact with lives being lost, the mitigating factors which led to the incident taking place tend to dilute the liability of the management. Thus, the accused are entitled to be released on bail, the Court held..“Certain externally forced events like long shut down of the plant due to lockdown and the efforts of the company to air its apprehension of lurking danger due to bulk storage of Styrene monomer in its tanks to the authorities concerned in vain, stand to consider in this respect… The above factors positively stand in favour of the accused", reads the order..The Court, while granting bail also took into consideration that since the arrest of the accused, the investigating authorities have not complained of any interference in the investigation by the accused. The report submitted to the Courts suggested that the accused had cooperated fully in the process of investigation. .In this backdrop, the Court concluded that it is unlikely for the accused to act in any manner that is prejudicial to the probe or which may lead it being stalled..The Court also appreciated the extent of the investigation that has been completed after it was told that as many as 604 witnesses have ben questioned and examined thus far. .Moreover, the Court also observed that barring Section 304-II of the Indian Penal Code, all the charges levelled against the accused are bailable in nature . The Court also noted that the slapping of Section 304 II is under question, although the question need not be diluted at this stage..The petitioners seeking bail were represented by Senior Advocates Mukul Rohatgi, Siddharth Luthra, S Niranjan Reddy, and Advocates Siddhartha Agarwal, and Uma Maheswara Rao, with Shardul Amarchand Mangaldas partners, Pallavi Shroff and Anuj Berry..Read Order: