Sandesh Rai vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.432/2022 of Chandera Police Station, Kasaragod District. The offences alleged against the petitioner are under Sections 272, 308, 304 r/w Section 34 of the Indian Penal Code, 1860.

The prosecution case is that the petitioner was a Shavarma maker (Cook) of the ‘Ideal Cool and Food Point’ at Kasaragod and that on 01.05.2022, at about 2.45 pm, a girl child aged 16 years ate shavarma and thereafter she fell ill along with 15 others and in spite of hospitalization, she died on 01.05.2022. Petitioner was arrested on 02.05.2022 and has been in custody since then.

Sri.T.Madhu, learned counsel for the petitioner contended that the petitioner is totally innocent and he had taken all the precautions and care to avoid any food poisoning. Learned Counsel for the petitioner further pointed out that accused Nos.2 and 3, who are the Manager and Supervisor respectively had already been released on bail by order dated 06.06.2022. According to the learned Counsel, the actual cause of death was some bacterial infection and the same cannot be attributed to any act on the part of the petitioner.

Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and submitted that the old and frozen food was served causing serious injuries to 15 and death of one young girl. It was also pointed out that the offence alleged, occurred due to the culpable acts of the accused of which, petitioner can be attributed with the overt act and therefore, petitioner ought not be granted bail.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 02.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.