The Bombay High Court granted bail on furnishing a personal bond of ₹50,000 to the owner of a gym and swimming pool where a 12-year-old boy drowned in May this year.
Abdul Farooqui, owner of Future Fitness Gym and Swimming Pool, moved the court after a FIR was filed against him at Mumbra police station under Section 304 (2) [culpable homicide not amounting to murder] of the Indian Penal Code a day after the death. The FIR was filed by Sabira Shaikh, the aunt of Ayyan Khan, who drowned in the swimming pool on May 8.
The police is seeking Mr. Farooqui’s custody for failing to put in place adequate safety measures to protect children using the pool. The affidavit mentions Mr. Khan’s willingness to teach swimming to students and bear the responsibility in case of accidents.
Mr. Farooqui had claimed that he had given the gym and pool on rent to Huzar Khan through an affidavit dated March 30, 2011. Mr. Khan, who was the conductor of the pool at the time of the incident, was granted bail on June 12.
The Additional Sessions Judge, Thane, said, “Section 304 (2) cannot be attracted to the case. The accused at most can be held guilty of an offence for rash and negligent acts under Section 304 (A) of the IPC.”
Justice Gadkari said, “It is clear that the investigating agency by foisting vicarious liability on Mr. Farooqui is seeking his custody. It appears from record that the investigating officer has not read the order passed by the trial court holding that 304 (A) is applicable.”
