Kerala High Court Grants Bail To Chef Whose Shawarma Allegedly Caused Physical Ailment Leading To Consumer's Hospitalisation

A crime was registered under Sections 284 (Negligent conduct with respect to poisonous substance), 308 (attempt to commit culpable homicide), and 328 (causing hurt by means of poison etc.) read with Section 34 (common intention) of the IPC.

Justice C.Pratheep Kumar allowed the bail application since the accused has been in judicial custody since April 19, 2024.

The chef was arrayed as the second accused and the owner of the hotel was arrayed as the first accused. The first accused was granted anticipatory bail.

The specific case was that the woman ordered shawarma through Swiggy from the restaurant where the accused was working as a cook. She alleged that after consumption of the shawarma, she had to be hospitalized due to physical ailments.

The counsel for the accused argued that the restaurant was working for the past more than 8 years and was selling more than 150 shawarmas daily. It was argued that shawarma has to be consumed within two hours of preparation and no complaints have been received against their hotel so far. It was also argued that there was no proof that the complainant consumed the shawarma prepared at the hotel of the accused. 

Counsel for Petitioner: Advocate Ameer K M

Counsel for Respondents: Public Prosecutor Vipin Narayanan

Case Title: Muhammed Rahi Hussain v State of Kerala

Case Number: BAIL APPL. NO. 3633 OF 2024

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