MLA Uma Thomas accident: Accused move Kerala High Court for anticipatory bail

Two event organisers of the 'Mridanga Naadam' event - during which Thrikkakara MLA Uma Thomas suffered critical injuries after falling off a VIP gallery - have moved the Kerala High Court seeking anticipatory bail in connection with the criminal negligence case filed against them [Nigoshkumar M v State of Kerala and connected case]..A Vacation Bench of Justice P Krishna Kumar today briefly took up the pre-arrest bail applications moved by Nigoshkumar M, the proprietor of Mridanga Vision, and Janeesh PS, the proprietor of Oscar Event Management today. The Court has asked the Public Prosecutor to get instructions and posted the matter for hearing on January 3, Friday. .On December 29, 2024, an event named 'Mridanga Naadam' was organised at the Jawaharlal Nehru Stadium in Kaloor. The program was aimed at setting a Guinness World Record and featured 12,000 performers performing Bharatanatyam simultaneously.The event took a tragic turn when Thrikkakara Member of of the Legislative Assembly (MLA) Uma Thomas, who had been invited as a guest, fell from a 15-foot-high VIP gallery after she lost her balance while moving through a pathway.The fall resulted in critical injuries to her brain, spine and lungs. She was hospitalized and has remained on ventilator support since the incident.The gallery reportedly lacked proper barricades and had insufficient pathways for navigation..Following the accident, based on a complaint by the MLA's staff Shalu Vincent, a criminal case was registered against the event organisers who were booked for criminal negligence under various provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) including Sections 125 (negligent act endangering life), 125(b) (grievous injury due to negligence), and 3(5) (common intention) read with Section 118(e) of the Kerala Police Act (grave violation of public safety).Two accused event organisers have now approached the Court for protection from arrest, emphasising their willingness to cooperate with the investigation and asserting that the allegations lack legal and factual merit..One of the organisers, Nigoshkumar has argued that he had done his part to take necessary precautions, including arranging fire services, ambulances, volunteers, and doctors for the event. He added that the responsibility for ensuring other safety measures was delegated to other professionals.He denied being negligent and contended that the allegations in the first information report (FIR) were baseless and lacked evidence to implicate him.Janeesh, in his plea, contended that his role as the proprietor of Oscar Event Management was limited to providing support services for the event. He also claimed to have implemented safety measures and argued that there was no evidence of his direct involvement in the alleged lapses. He added that the accusations were unfounded and that he was not liable for the mishap.Both the accused have argued that custodial interrogation is unnecessary, while seeking anticipatory bail. The matters will be considered together on January 3, 2025..Advocate MR Dhanil represented Nigoshkumar. Advocate Senitta P Jojo appeared for Janeesh.