Kerala HC Grants Bail To Cook Of Hotel Accused Of Selling Adulterated ‘Shawarma'
The Kerala High Court granted regular bail to the cook who prepared shawarmas in the hotel which allegedly used to sell adulterated ‘shawarmas’ thereby causing various ailments and leading to hospitalisation.
One of the Accused filed the regular bail application in the alleged selling of adulterated ‘Shawarma’.
The Bench of Justice C. Pratheep Kumar observed, “The petitioner is an employee in the restaurant from where the defacto complainant allegedly purchased the food item Shawarma, which resulted in causing physical ailment to the defacto complainant. Considering the fact that the petitioner is in judicial custody since 19.04.2024, I am inclined to allow this application subject to the following conditions…The petitioner is released on bail on executing a bond for Rs.50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court below.”
Advocate Ameer K.M. appeared for the Petitioner whereas PP Vipin Narayanan appeared for the Respondent.
The Complainant had ordered the ‘Shawarma’ through Swiggy from the restaurant wherein the present Accused was working as a cook. Allegedly, Consumption of the above food item resulted in causing some ailments to the complainant and she was admitted to the EMC Hospital, Palarivattom. The Hotelier, who is the first accused was granted anticipatory bail but the Petitioner-accused has been in judicial custody since April 19, 2024.
It was submitted by the Petitioner-Accused that the restaurant has been functioning for the last eight years, and selling more than 150 Shawarmas daily. The Shawarma is to be consumed within two hours from the time of its preparation. So far, no complaints have been received against the restaurant by any authorities. There is no proof that the victim had purchased food material from the restaurant, where the petitioner is working. Therefore, the petitioner prayed for releasing him on bail.
In a similar case, the Supreme Court, on March 22, 2024, had directed the State of Kerala to submit the progress report of the investigation against the hotelier accused of selling adulterated ‘Shawarma’.
In November 2023 the Kerala High Court, in response to the demise of a 16-year-old resulting from the consumption of expired 'shawarma', had mandated the formulation of guidelines instructing eateries to prominently display the date and time of preparation on the packaging of food items.
The Kerala High Court had previously denied anticipatory bail to a hotelier accused in criminal cases for allegedly selling adulterated 'shawarma' and underscored the gravity of the allegations, emphasizing the potential health risks associated with supplying contaminated food.
Cause Title: Muhammed Rahi Hussain v. State of Kerala (Neutral Citation: 2024:KER:32273)
Appearances:
Petitioner: Advocate Ameer K.M.
Respondent: PP Vipin Narayanan