HC grants bail to firm chairman in case pertaining to death of seven employees

Chennai:

Madras High Court has granted anticipatory bail to the chairman of KPR Textile Company in the death of seven employees following a leak in the pump in the effluent treatment plant tank in Perundurai in Erode district.

Justice P Devadass passed the order after K P Ramasamy, chairman of the firm located in Sipcot complex in Perundurai in Erode district moved the High Court for anticipatory bail fearing arrest.

Seven employees died after inhaling the toxic gas while stepping into the tank to repair the tank while 11 others got affected.

While the senior counsel appearing for the petitioner contended that there is no prima facie case against the petitioner for an offence under section 304 (ii) Indian Penal Code, the state public prosecutor said as the owner of the company, the petitioner is duty bound to take precautionary measures to avoid untoward incident by imparting training to the employee.

Section 304 deals with culpable homicide not amounting to murder. “if it is done with intention higher punishment is provided in part I of section 304 IPC and if it is done with knowledge but without intention, a lesser punishment is provided in part-II of section 304 IP,” the judge said.

The judge observed that since the petitioner is not involved in the day to day operation of the unit in Perundurai besides no act resulting in the death of employees has been directly and personally attributed to the petitioner an offence under section 304 (ii) IPC is lacking.

As the petitioner has already paid compensation of Rs 13 lakh compensation to each bereaved family, besides footing the entire medical expenses of other employees who took treatment in private hospital and willing to cooperate with investigation officer, his custodial interrogation is not necessary, the judge observed.

Granting the anticipatory bail, the judge ordered that the petitioner should surrender before judicial magistrate, Perundurai within 15 days of receipt of a copy of this order. The petitioner has also been ordered to execute a bond of rs one lakh with two sureties besides will have to report before police every Monday and Friday till further orders