The Kerala High Court has granted regular bail to the cook who prepared shawarmas in the hotel accused of selling adulterated ones, which allegedly caused various ailments and led to hospitalizations.

In the alleged selling of adulterated shawarma, Muhammed Rahi Hussain, one of the accused, filed a regular bail application.

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.”

The complainant ordered shawarma through Swiggy from the restaurant where the present accused worked as a cook. Allegedly, consuming the food resulted in the complainant falling ill, leading to her admission to EMC Hospital, Palarivattom. While the hotelier, the first accused, was granted anticipatory bail, the petitioner-accused has been in judicial custody since April 19, 2024.

The petitioner-accused argued that the restaurant had been operational for the past eight years, selling over 150 shawarmas daily. It was emphasized that shawarmas are intended to be consumed within two hours of preparation. Additionally, there have been no previous complaints against the restaurant by any authorities. Furthermore, there is no evidence that the victim purchased food from the restaurant where the petitioner worked. Based on these points, the petitioner requested release on bail.

In November 2023, following the death of a 16-year-old due to consuming expired shawarma, the Kerala High Court had issued a mandate for the development of guidelines. These guidelines instructed eateries to prominently display the date and time of preparation on the packaging of food items.

The Kerala High Court had previously refused anticipatory bail to a hotelier accused in criminal cases related to the alleged sale of adulterated shawarma. The court emphasized the seriousness of the allegations, highlighting the potential health hazards associated with providing contaminated food.

Advocate Ameer K.M. appeared for the Petitioner whereas PP Vipin Narayanan appeared for the Respondent.
Cause Title: Muhammed Rahi Hussain v. State of Kerala (Neutral Citation: 2024:KER:32273)