Rafeeq.C. S vs State Of Kerala

M.B.Snehalatha, J

This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The petitioners are accused Nos. 2 and 3 in Crime No.473/2024 of Kaipamangalam Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 273, 304 r/w 34 of IPC and Section 118(e) of the Kerala Police Act.

The prosecution case in short is as follows:- The petitioners/accused along with other accused were running a hotel named ‘Zain’ at Perinjanam without adhering to food safety measures. The accused persons, in furtherance of their common intention, sold stale and adulterated food to their customers and due to the consumption of food from the said hotel, defacto complainant’s sister Usaiba died of the food poisoning. Thus, the accused have committed the above offences.

The learned counsel for the petitioners/accused would contend that, petitioners are innocent; that they have not committed any crime as alleged. Further it is submitted that, petitioners/accused are in judicial custody from 27.11.2024 and they are ready to abide by any conditions if released on bail.

Earlier, the petitioners had field an application for bail under Section 438 of the Cr.P.C. seeking pre-arrest bail and this Court dismissed the same with a direction to surrender before the investigating Officer. In view of the directions therein, the petitioners surrendered before the Investigating Officer and they are in judicial custody from 27.11.2024.

Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

The allegation against the petitioners is that the food supplied in the hotel run by them was adulterated and it was due to the consumption of the said food, the victim died. Accused is in judicial custody from 27.11.2024 onwards. Major part of the investigation is over. Regard being had to the progress made in the investigation and the period of detention undergone by the petitioners in judicial custody, this Court is of the view that further detention of the petitioners is not necessitated. Hence, bail granted to them subject to the following conditions:-

(1) Petitioner/Accused Nos. 2 and 3 shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties, each for the like-sum to the satisfaction of the Jurisdictional Court.

(2) Accused shall appear before the Investigating Officer on every Saturday between 10.00 a.m., and 12 noon for a period of three months or till final report is filed whichever is earlier.

(3) Accused shall not influence or intimidate the prosecution witnesses.

(4) Accused shall not involve in any offence of similar nature while on bail.

(5) Accused shall not leave India without the permission of the Jurisdictional Court.