Supreme Court Confirms Anticipatory Bail Of Restaurant Owner Alleged Of Selling Poisoned Shawarma

The Supreme Court in its recent order has granted anticipatory bail to the owner of a shwarma-selling restaurant in Kerala who is allegedly accused of selling poisoned shawarma which caused the death of a swiggy customer.  

The bench of Justices AS Oka and Ujjal Bhuyan while noting the post-mortem report and the final medical opinion on the cause of death, granted the main accused on bail. It was further observed that pursuant to the earlier interim anticipatory bail granted on December 15, 2023, the petitioner has been cooperating with the investigating authorities. Thus the interim bail order was made absolute. 

"Pursuant to the interim order dated 15th December, 2023, the appellant has cooperated for investigation. Accordingly, the interim order dated 15th December 2023 is made absolute on the same terms and conditions. The appeals are accordingly allowed."  

The case pertains to a woman who ordered Shwarma through Swiggy from the main accused's restaurant where the co-accused was working as a cook. It is alleged that after consumption of the shawarma, she had to be hospitalized due to physical ailments and subsequently died. FIR was registered against the two accused 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. 

The present appeal was filed by the restaurant owner after his initial anticipatory bail was rejected by the Kerala High Court in November 2023. However, the co-accused chef was recently granted bail by the High Court on May 8. 

Case Details: SHIHAD M.P. VS. THE STATE OF KERALA Crl.A. No. 002436 - 002438 / 2024

Counsel for the Petitioners:  Mr. Haris Beeran, Mr. Azhar Assees, Mr. Anand B. Menon, Mr. Radha Shyam Jena, AOR 

Counsel for the Respondents: Mr. Harshad V. Hameed, AOR, Mr. Dileep Poolakkot, Mrs. Ashly Harshad, Mr. Shivam Sai, Adv.