Surat Gas Leak : Bombay High Court Grants Transit Anticipatory Bail To Pharma MD Till February 1

A division bench of Justices RD Dhanuka and SM Modak granted Hiremath time till February 1, 2022 to approach the regular Court.

Following the gas leak on January 6, 2022, an FIR was registered at the Sachin GIDC Police Station, Surat City, under Sections 304 (Culpable homicide not amounting to murder), 336 (Act endangering life or personal safety of others), 337 (Causing hurt by act endangering life or personal safety of others), 338 (Causing grievous hurt by act endangering life or personal safety of others), 284 (Negligent conduct with respect to poisonous substance), 277 (Fouling water of public spring or reservoir), 278 (Making atmosphere noxious to health), 120B (Criminal conspiracy) of Indian Penal Code, 1860 and Section 15 of Environment Protection Act.

According to the FIR, a Hikal Ltd tanker had illegally drained its toxic chemicals in the natural drain. The chemical came in contact with the surface and sub-surface water source exposing labours to toxic release from the tanker. As a result, six persons died and other 23 persons were under treatment.

Hiremath represented by Senior Advocate Amit Desai showed the court a news report which stated that the police was looking out for the MD. Moreover, people from his company were already arrested in the case. He assured the court he would cooperate with investigators until he approached the local court and sought two weeks transit bail.

The prosecutor submitted that since six people had died and the offence was registered outside the state, transit anticipatory bail shouldn't be granted.

"Though the issue whether this Court can grant anticipatory bail is pending reference before Division Bench, in view of the urgency and for the reason that the law will take its own course for deciding the reference, the liberty has to be protected."

"It is true that whether those six persons have died due to inhaling of toxic gas created from the chemical dumped from the tanker belonging to the petitioner or whether it is due to the chemical dropped by a tanker belonging to other persons, it is a matter of investigation. We are inclined to grant time till 1st February, 2022 to approach the regular appropriate Court," the bench observed.