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2026 DAILYLAW 59522 (MAD)

Mohan v. State rep by The Inspector of Police

CRL OP/20133/2026 · 2026-08-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.20133 of 2026 THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.08.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.20133 of 2026 1. Mohan 2. Joseph Jegan 3. Daniel Titus Singh ... Petitioner(s) Vs. The State rep. by The Inspector of Police, C-2 Periyapalayam Police Station, Chennai ... Respondent(s) Crime No.218 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.218 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.R.C.Paul Kanagaraj For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 22.06.2026 for the alleged offences under Sections 105 and 125(a) of the Bharatiya Nyaya Sanhita, 2023 r/w Sections 14(1) and 3 of the Casual Labour Act and subsequently altered to Sections 125(a), 105 of BNS r/w Section 3A and Section 14(1) of the Child and Adolescent Labour (Prohibition and 1/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 Regulation) Act, 1986, in Crime No.218 of 2026 on the file of the respondent police, seek bail. 2. It is the case of the prosecution that there are totally four accused and that the petitioners herein are Accused Nos.1 to 3. The first and second petitioners are the Directors of St. Peter & Paul Sea Food Export Private Limited and the third petitioner is the Manager of St. Peter & Paul Sea Food Export Private Limited. Due to an unfortunate disaster that occurred in the said Company, 18 employees died and 57 were injured. Hence, the case. 3. The learned counsel for the petitioners would submit that the occurrence was only an accident and that there was no negligence on their part. It is also his submission that they are cooperating with the investigation and that they surrendered before the respondent police. He further submitted that the first petitioner underwent bypass surgery in the year 2019 and hence, his further custody would deteriorate his health condition. Furthermore, he has also filed affidavits on behalf of the first and second petitioners, undertaking to jointly pay each of the deceased a sum of Rs.10,00,000/- to show their bona fides and that they stand with the victims as well as the deceased’s family and the deposit which they undertake to pay is over and above the statutory claim, if any, of the legal heirs of the deceased and the injured victims. In this connection, it is appropriate to extract the affidavits filed on behalf of the first and second petitioners. 2/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 4. The affidavit filed by the first petitioner is reproduced hereunder:- 3/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 4/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 5/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 6/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 5. The affidavit filed by the second petitioner is reproduced hereunder:- 7/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 8/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 9/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 10/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 6. The learned counsel for the petitioners further submitted that a major portion of the investigation has already been completed and that they undertake to cooperate with the investigation. He further submitted that the company has the wherewithal to pay the amount and, in this connection, he has also submitted the Balance Certificate of Axis Bank, Anna Nagar, Chennai Branch, pertains to the Company which shows that, as on today, there is a credit of around Rs.26 crores. 7. Per contra, the learned Government Advocate (Crl. Side) would submit that, so far, 18 workers, including 4 minor children, have lost their lives and that 57 injured victims sustained different levels of injuries. Out of the 57 injured victims, all of them have been discharged from the hospital except one victim who is still undergoing treatment; however, she is stable and out of danger. It is the further submission that, so far, they have examined 154 witnesses, including 57 victims, and have also collected 54 documents. He further objected on the ground that the petitioners, being responsible persons, should have conducted safety audits and statutory inspections and that, only because of the safety deficiency, there was an ammonia gas leak, and this incident is one of the biggest disasters of recent times. He has also submitted the list containing the details of the deceased as well as the injured victims. 11/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 8. I have given my anxious consideration to either side submission. 9. Absolutely, this is a big disaster where we have lost 18 innocent lives of young girls; further, there are 57 victims who sustained various degrees of injuries. The particulars of the deceased, including their names, addresses, Aadhaar numbers, the hospitals in which they were treated, the dates of their demise, and other relevant details, have been furnished by the learned Government (Crl.Side). For the sake of ready reference, the same is depicted below in the form of a scanned copy:- 12/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 10. The scanned copy of the injured victim who underwent treatment in the Vels Hospital is depicted as follows:- 13/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 11. The scanned copy of the injured victim who underwent treatment in the Venkateswara Hospital is depicted as follows:- 14/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 12. The scanned copy of the injured victims who underwent treatment in the Rajiv Gandhi Hospital is depicted as follows:- 13. The scanned copy of the injured victim who underwent treatment in the Stanley Hospital is depicted as follows:- 15/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 14. While looking into the factual position, the occurrence took place on 21.06.2026 and, from the counter-statement, this Court could see that the respondent has so far examined 154 witnesses, including 57 injured victims. From the above statement, this Court is of the firm view that a substantial portion of the investigation might have been completed. At this juncture, the learned counsel for the petitioners would contend that the occurrence which took place on the fateful day was a mere accident and not on account of any negligence on the part of the petitioners. According to him, the said issue requires a detailed probe and can be established only during the course of trial. Further, the first petitioner has undergone bypass surgery and that the first and second petitioners have also come up with an affidavit to jointly deposit a sum of Rs.10,00,000/- to each one of the deceased victims, as well as further compensation to the injured victims as ordered by this Court. In such view of the above factual position and considering the other attending circumstances, which were discussed hereinabove, this Court is inclined to enlarge the petitioners on bail. 15. In such view of the above circumstances, taking into consideration the totality of the circumstances, the period of incarceration undergone by the petitioners, and the fact that a major portion of the investigation has been 16/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 completed, this Court is inclined to enlarge the petitioners on bail, subject to the condition that the first and second petitioners shall jointly deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the legal heirs of each one of the deceased victims, totalling a sum of Rs.1,80,00,000/- (Rupees One Crore and Eighty Lakhs only). 16. Considering the duration of the treatment taken by the injured victims, this Court would like to categorise their quantum of compensation into three categories, viz., (i) those who have undergone treatment for a period of less than 5 days, the compensation is Rs.1,00,000/- (Rupees One Lakh only) each; (ii) those who have undergone treatment for a period of 5 to 10 days, the compensation is Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) each; and (iii) those who have undergone treatment for a period of more than 10 days, Rs.2,00,000/- (Rupees Two Lakhs only) each. Therefore, the first and second petitioners shall jointly deposit a sum of Rs.83,50,000/- (Rupees Eighty-Three Lakhs Fifty Thousand only) towards the compensation for 57 injured victims. However, the Chairman, District Legal Services Authority, Tiruvallur under the guidance of the Member Secretary, Tamil Nadu State Legal Services Authority, Chennai, is directed to coordinate with the respective State Legal Services Authorities for the early disbursal of the amount to the legal heirs of the deceased as well as the injured victims to their respective bank accounts 17/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 directly. 17. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Uthukottai, and subject to the following conditions: [a] The first and second petitioners shall jointly deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to each of the deceased victims, totalling a sum of Rs.1,80,00,000/- (Rupees One Crore and Eighty Lakhs only), by way of Demand Draft in favour of the District Munsif- cum-Judicial Magistrate, Uthukottai, as per the undertaking given by the first and second petitioners as compensation to the legal heirs of the deceased victims, which amount shall be over and above the other statutory compensation payable to the legal heirs of the deceased victims, if any. [b] The first and second petitioners shall jointly deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) each to those 23 injured victims who have undergone treatment for less than 5 days, totalling a sum of Rs.23,00,000/- (Rupees Twenty-Three Lakhs only), and a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) each to those 15 injured victims who have undergone treatment for a period of 5 to 10 days, totalling a sum of Rs.22,50,000/- 18/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 (Rupees Twenty-Two Lakhs Fifty Thousand only), and a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each to those 19 injured victims who have undergone treatment for more than 10 days, totalling a sum of Rs.38,00,000/- (Rupees Thirty Eight Lakhs only), totalling a sum of Rs.83,50,000/- (Rupees Eighty-Three Lakhs Fifty Thousand only), by way of Demand Draft in favour of the District Munsif-cum- Judicial Magistrate, Uthukottai, as per the undertaking given by the first and second petitioners as compensation to the injured victims, which amount shall be over and above the other statutory compensation payable to the injured victims, if any. [c] On such amount being deposited, the Chairman, District Legal Services Authority, Tiruvallur under the guidence of the Member Secretary, Tamil Nadu State Legal Services Authority, Chennai, is directed to coordinate with the respective State Legal Services Authorities for the early disbursal of the amount to the eligible persons as ordered hereinabove within a period of one month from today. [d] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [e] the petitioners shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; 19/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 [f] the petitioners shall not abscond either during investigation or trial; [g] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [h] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [i] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 06.08.2026 skr Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. 20/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 To 1. The learned District Munsif cum Judicial Magistrate, Uthukottai 2. The Superintendent, Central Prison, Puzhal 3. The Inspector of Police, C-2 Periyapalayam Police Station, Chennai 4. The Public Prosecutor, High Court of Madras. Copy to 1. The Member Secretary, Tamil Nadu State Legal Services Authority. 2. The Chairman, District Legal Services Authoirty, Tiruvallur. 3. The Member Secretary, Odisha State Legal Services Authority. 4. The Member Secretary, Assam State Legal Services Authority. 5. The Member Secretary, Jharkhand State Legal Services Authority. 6. The Member Secretary, West Bengal State Legal Services Authority. 7. The Member Secretary, Kerala State Legal Services Authority. 21/22 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20133 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.20133 of 2026 06.08.2026 22/22 https://www.mhc.tn.gov.in/judis