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HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
MUHAMMED RAHI HUSSAIN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 3636/2024
Fact of the Case:
The petitioner, an employee of a restaurant, was arrested for allegedly selling contaminated food that caused physical ailment to a customer. The restaurant had been operating for eight years without any complaints, and the petitioner claimed that the victim did not purchase food from their establishment.
Finding of the Court:
The court noted that the petitioner had been in judicial custody since his arrest and that there was no evidence that the victim had purchased food from the restaurant where he worked. The court also considered the fact that the restaurant had been operating for eight years without any complaints.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the fact that he had been in judicial custody for a significant period of time and that there was no evidence that the victim had purchased food from the restaurant where he worked.
Final Decision: The court allowed the petitioner's bail application subject to certain conditions, including that he execute a bond for Rs. 50,000/- with two solvent sureties, report to the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of June, 2024, whichever is earlier, cooperate with the investigation, and not intimidate or influence the witnesses or tamper with the evidence.
Dated this the 7th day of May, 2024 This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the 2nd accused in Crime No. 2047 of 2023 of Thrikkakara Police Station, Ernakulam, registered under Sections 284 , 308, and 328 r/w Section 34 of IPC .
2. The prosecution allegation is that, on 21.10.2023, the defacto complainant along with her friends purchased a food item called 'Shawarma' through ‘Swiggy’ from the restaurant wherein the petitioner was working as cook. Consumption of the above food item resulted in causing some ailments to the defacto ..3.. complainant, and she was admitted in Hospital.
3. The owner of the restaurant was arrayed as the 1st accused, and he was granted anticipatory bail by this Court. The petitioner was arrested on 19.04.2024, and since then he is in judicial custody.
4. According to the learned counsel for the petitioner, the above restaurant is functioning for the last eight years, and they are selling more than 150 Shawarmas daily. The Shawarma is to be consumed within two hours from the time of its preparation.
So far, no complaints were received against the restaurant by any authorities. The goodwill of the restaurant created jealousy on neighboring restaurants. There is no proof that the victim had purchased food material from the restaurant, where the petitioner is working. Therefore, the petitioner prayed for releasing him on bail.
5. Heard the learned counsel for the petitioner and the ..4.. learned Public Prosecutor.
6. Learned Public Prosecutor opposed the bail application.
7. The petitioner is an employee in the restaurant from where the defacto complainant and friends allegedly purchased the food item Shawarma, which resulted in causing physical ailment to the defacto complainant. Considering the fact that the petitioner is in judicial custody since 19.04.2024, I am inclined to allow this application subject to the following conditions:-
11.00 am till the final report is filed or till the end of June, 2024, whichever is earlier.
iii.
The petitioner shall co-operate with the 2024:KER:32274 BA No. 3636 of 2024 ..5.. investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.
iv.
The petitioner shall not involve himself in similar offence while on bail.
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