Hassainar vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2023

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Citation: sooperkanoon.com/1339949
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Feb 28, 2023
Case Number: Bail Appl./1492/2023

Parties & Advocates

Appellant / Petitioner

Hassainar

Respondent

State of Kerala

Excerpt

.....learned public prosecutor.3. perused the relevant documents placed by the learned public prosecutor forming part of the case diary and report of the investigating officer.4. the prosecution allegation is that atabout 9:00 p.m. on 16.01.2023, the defacto complainant and his friends had food from majlis hotel, north paravur. but they were subjected to food poisoning. according to the prosecution, the accused herein prepared the food containing contaminated materials with knowledge that the same would be fatal to the person, who consumes. this is the premise on which the prosecution alleges commission of the above offences.5. while canvassing regular bail to thepetitioner, the learned counsel for the petitioner would submit that the majlis hotel group have good reputation and have no intention to poison the food and to get defamed themselves. if at all something happened, the same is not within any `mens rea' and for which offence under section 308 of ipc would not be attracted. highlighting the custody of the petitioner from 18.01.2023 and the progress of investigation, the learned counsel for the petitioner pursued the relief of regular bail.6. whereas, the learned public prosecutorstrongly opposed the bail and justified the prosecution case. on perusal of the case diary along with the report, even though the prosecution case is well made out prima facie, the petitioner, who has no criminal antecedents, deserves bail, since he has been in custody from 18.01.2023, where investigation achieved substantial progress. therefore, the petitioner can be enlarged on bail.7. accordingly, this petition stands allowed and the petitioner is enlarged on bail on the following conditions:i. the accused/petitioner shall be released on bail on their executing bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court, concerned. ii. the accused/petitioner shall not intimidate the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, BAIL APPL. NO. 1492 OF 2023 AGAINST THE ORDER IN CRMC 369/2023 OF II ADDITIONAL DISTRICT COURT,ERNAKULAM
CRIME NO.45/2023 OF NORTH PARUR POLICE STATION, ERNAKULAM PETITIONER/ACCUSED NO.2: HASSAINAR AGED 50 YEARS S/O ABDULLA KUNJU, JASHID MANZIL, THODAYAR, PATLA, KASARGOD, PIN - 671124 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH SARATH K.P. ANILKUMAR C.R. RESPONDENT/STATE: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO 45/2023 OF NORTH PARAVOOR POLICE STATION, ERNAKULAM), PIN - 682031 P G MANU(SR PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Dated, this the 28th February, 2023 This is a petition filed under Section 439 of the Code of Criminal Procedure, 1973 and the petitioner is the 2nd accused in crime No.45/2023 of North Paravur Police Station, Ernakulam, where he alleged to have committed offences punishable under Sections 308, 336 and 273 of Indian Penal Code and Section 118(e) of Kerala Police Act and the petitioner seeks regular bail.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. Perused the relevant documents placed by the learned Public Prosecutor forming part of the Case Diary and report of the Investigating Officer.

4. The prosecution allegation is that at

about 9:00 p.m. on 16.01.2023, the defacto complainant and his friends had food from Majlis hotel, North Paravur. But they were subjected to food poisoning. According to the prosecution, the accused herein prepared the food containing contaminated materials with knowledge that the same would be fatal to the person, who consumes. This is the premise on which the prosecution alleges commission of the above offences.

5. While canvassing regular bail to the

petitioner, the learned counsel for the petitioner would submit that the Majlis hotel group have good reputation and have no intention to poison the food and to get defamed themselves. If at all something happened, the same is not within any `mens rea' and for which offence under Section 308 of IPC would not be attracted. Highlighting the custody of the petitioner from 18.01.2023 and the progress of investigation, the learned counsel for the petitioner pursued the relief of regular bail.

6. Whereas, the learned Public Prosecutor

strongly opposed the bail and justified the prosecution case. On perusal of the case diary along with the report, even though the prosecution case is well made out prima facie, the petitioner, who has no criminal antecedents, deserves bail, since he has been in custody from 18.01.2023, where investigation achieved substantial progress. Therefore, the petitioner can be enlarged on bail.

7. Accordingly, this petition stands allowed and the petitioner is enlarged on bail on the following conditions:

i. The accused/petitioner shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court, concerned. ii. The accused/petitioner shall not intimidate the witnesses or tamper with evidence. iii. The accused/petitioner shall co- operate with the investigation and shall be available for trial. They

shall appear before the Investigating Officer as and when directed. iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade them from disclosing such facts to the court or to any police officer. v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

Sd/- A.BADHARUDEEN, JUDGE. ww APPENDIX OF BAIL APPL. 1492/2023 PETITIONER ANNEXURES Annx-I A COPY OF THE FIR IN CRIME NO 45/2023 DATED 17.01.2023 Annex-II A COPY OF THE LICENSE ISSUED FROM FSSAI DATED 24-03-2022 Annex-III A COPY OF THE POLLUTION CERTIFICATE ISSUED TO THE RESTAURANT DATED 07-10Annexure4 AN ACCUSED COPY OF THE ORDER IN CRL MC NO 369/2023 DATED 14.02.2023

Same Court & Year Kerala · 2023 Same Parties Hassainar vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen