JOHN MATHEW, K.P.RADHAKRISHNA MENON, U.L.BHAT
Mammooty – Appellant
Versus
Food Inspector – Respondent
BHAT, J.
(On behalf of himself and Mathew J. concurring) :- These are petitions filed under S. 389 (alternatively under S. 482) of the Criminal P.C. (for short, 'the Code') seeking release of the petitioners on bail to afford them time to "present appeal" and obtain orders from the Supreme Court. The learned single Judge before whom the petitions came up for consideration noticed the conflicting views expressed by two Division Benches of this Court regarding power of this Court to grant bail viz. Abdulla Haji v. Food Inspector, 1985 Ker LT 754 : (1986 Cri LJ 1193) and Salim v. State of Kerala, 1985 Ker LT 711 : (1986 Cri LJ 1197) and referred the petitions for consideration by a Division Bench. Crl.M.P. 1145/85 came up before a Division Bench and the Bench referred the petition to a Full Bench and accordingly this Full Bench has been constituted. The other Crl.M.Ps. have also been placed before us.
2. Crl.M.P. 1115/85 arises in Crl.R.P. 80/82. The other petitions arise in Crl. Appeals. In Crl.R.P. 80/82, this Court declined to interfere with the conviction and sentence entered against petitioner under the provisions of the Prevention of Food Adulteration Act by the tria
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