ORDER

The petitioner is the accused in C.C No.314/2023, on the file of the Court of the the Additional Chief Judicial Magistrate, Ernakulam ('Trial Court’, for short), which has originated from Crime No. 1126/2023, registered by the Ernakulam Town North Police Station, alleging the commission of the offences punishable under Section 269 of the Indian Penal Code and Section 120 (e) of the Kerala Police Act , 2011.

2. The prosecution case, in a nutshell, is that on

31.05.2023 at 02:05 hours, while the police were on patrolling duty, they found that the accused had tied waste materials in plastic bags and placed the same on the road in a careless and negligent manner so as to endanger the public health.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner strenuously submits that, due to fire accident that took place in the Brahmapuram Waste Treatment Plant, and waste collection in Kochi City was severely impaired. Hence, the petitioner had no other alternative but to place the waste materials in securely tied plastic bags on the public road to be collected by municipal sanitation workers. Therefore, by no str