Kerala High Court Declines Bail Plea Of Accused, Asks KELSA To Hold Adalat For Those Affected In Puthiyakavu Temple Blast

The Kerala High Court has directed the Kerala Legal Services Authority to conduct an Adalat to address the grievances of those affected by the Puthiyakavu Temple blast in Tripunithara.

Justice CS Dias was hearing a bail application of the accused in the Puthiyakavu Bhagavathy Temple fireworks explosion matter. The Court rejected the bail plea and said:

“The investigation in the case is only at its nascent stage and the reasonable apprehension projected by the prosecution that the petitioners may tamper with the evidence, I am of the firm view that the petitioners are not entitled to be enlarged on bail. If the petitioners are enlarged on bail, it would have a deleterious impact on the society and justice would be thwarted.”

It also directed the Kerala Legal Services Authority (KELSA) to hold an Adalat to redress the grievances of those affected by the explosion.

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. Therefore, KELSA is directed to explore the possibility of organizing an Adalath and making an endeavour to redress the grievances of the persons affected by the explosion, added the Court.

A case was registered against the petitioners following an explosion near the temple caused by fireworks, leaving numerous injured and causing damages to hundreds of dwellings (crime 242/2024). Another case had been registered under Section 286 of the IPC (act negligently with an explosive object), Section 118 F of the Kerala Police Act (transports explosives) and Section 9(B)(1)(b)(possess explosives) of the Indian Explosives Act, 1885 on the previous day by a police officer who had found explosives stored in the compound of the temple without a license to store the explosives nor conduct the firework display (crime 240/2024).

The court observed that the temple devaswom did not have any permission nor license to conduct the fireworks display, and that advance notices had been served on the office bearers of the Vadakkumpuram talapoli committee and the Puthiyakavu temple Devaswom, directing them to refrain from conducting the fire display. 

While refusing bail, the court noted that the investigation was at a preliminary stage and that there was a likelihood of them tampering with evidence if allowed on bail.

“The petitioners cannot shirk away their liability by stating that the explosion happened due to the laches and negligence of the Contractor. The investigation is only at its nascent stage. There are incriminating materials to establish the petitioners' active involvement in the crime. The notices that have been seized undoubtedly substantiate that the petitioners were in charge of the affairs and management of the Temple and its festival” concluded the court.

Counsel for Petitioners: Advocates R Anil, B Raman Pillai, Ieans C Chamakkala, Sujesh Menon VB, Thomas Sabu Vadakekut, Mahesh Bhanu S, Ressil Lonan, Ananth Krishna KS, Sruthy N Bhat, PM Rafiq, Ajeesh K Sasi, M Revikrishnan, Rahul Sunil, Sruthy KK, Nikita J Mendez, Sohal Ahammed Haris, Nanditha S

Counsel for Respondent: Advocates Neema TV (Public Pleader) and CS Hrithwik (Public Pleader)

Citation: 2024 LiveLaw (Ker) 216

Case Title: Anil Kumar and ors. v. State of Kerala

Case Number: Bail Appl. No. 2285 of 2024, Bail Appl. No. 2498 of 2024

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