The court affirms the duty of a hotel owner to ensure food safety and allows anticipatory bail subject to stringent conditions.

ORDER

Dated this the 13th day of March 2023

This is an application for anticipatory bail, filed by the 1^st accused in Crime No.45/2023 of North Paravur Police Station.

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

3. I have perused the relevant documents, placed by the learned Public Prosecutor forming part of the Case Diary and the report of the Investigating Officer.

4. The prosecution case is that, at about 9.00 p.m. on 16.01.2023, the de facto complainant and his friends had food from 'Majlis hotel', North Paravur and they were subjected to food poisoning. The petitioner herein is the owner of the said Hotel. On this premise, the prosecution alleges commission of offences punishable under Sections 308 , 336 and 273 of Indian Penal Code and Section 118 (e) of Kerala Police Act .

5. The learned counsel for the petitioner would submit that the petitioner herein is the owner of the Hotel, where the occurrence took place. He would submit that the petitioner was not present at the scene of occurrence and the petitioner is ready to be abide by any conditions, as a pre-requisite for grant of anticipatory bail. It is also submitted that the petitioner, who has been running Hotel, under the title ‘Majlis Hotel’, did not have any mental intention, to serve poisonous or contaminated food, which is not fit for human consumption and therefore, the allegations are false. It is also pointed out by the learned counsel that the 2^nd accused was granted regular bail by this Court, as per order, dated 28.2.2023, vide B.A.No.1492/2023.

6. The learned Pubic Prosecutor would submit that the petitioner could not wriggle out from the criminal prosecution, since, he, being the owner of the Hotel, is duty bound to serve quality food excluding the possibility of contamination, under law. Therefore, arrest and custodial interrogation of the petitioner, are necessary, is the submission of the learned Public Prosecutor.

7. Going through the allegations, the allegations are serious and the same would require fair and effective investigation. However, the allegation is confined to supply of contaminated food, which is fatal to human beings, which resulted food poisoning to the de facto complainant and others. No doubt, supply of food, which is not fit for human consumption, is a serious matter. However, the intention to commit the same, while running a Hotel, is a matter of serious investigation. I leave the same to the domain of the Investigating Officer for fair and impartial investigation. On perusal of the records, it could be noticed that, effective investigation is possible, by directing the petitioner to subject himself for interrogation for the purpose of investigation. Therefore, I am inclined to allow this petition, on the following conditions:

i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself.

ii. On such production, jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.

iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. He shall meet the Investigating Officer on all Wednesdays in between 10.00 a.m. to 3.00 p.m., for a period of one month.

iv. The petitioner, shall not, intimidate the witn