The Supreme Court Has Temporarily Shielded A Kerala Restaurant Owner From Arrest In The Case Related To A Fatality Caused By Tainted Shawarma

BY: THE LEX TIMES 

The Supreme Court Bench, comprising Justices Aniruddha Bose and Augustine George Masih, has granted temporary protection from arrest to a Kerala restaurant owner accused of selling tainted shawarma, leading to a customer’s death.

This directive came during a hearing where the Apex Court instructed Shihad MP, the petitioner, to cooperate with the investigative agency. The Bench stayed the petitioner’s arrest until the next hearing related to FIR Nos. 2047 of 2023, 2020 of 2023, and 2048 of 2023, registered at Thrikkakara Police Station, Ernakulam.

Additionally, the Supreme Court issued a notice to the State of Kerala, scheduling further consideration of the matter after three weeks. Notably, the anticipatory bail plea of the accused was previously denied by the Kerala High Court, represented by Justice Mohammed Nias CP.

The High Court emphasized the serious implications of supplying adulterated food, highlighting potential health risks such as food-borne illnesses, allergies, and long-term health issues. It stated that, under such circumstances, it was disinclined to grant anticipatory bail to the petitioner. The case arose when a customer died three days after consuming shawarma, ordered through Zomato in October.

Kerala Police registered a case against the restaurant owner under Sections 284 (negligent conduct involving poisonous substances) and 308 (culpable homicide, indicating intent to cause serious harm without causing actual death) of the Indian Penal Code. The prosecution alleged that the restaurant breached shawarma preparation guidelines, leading to widespread food poisoning. Statements from affected individuals, including Swiggy customers, were recorded by the police.

CASE: Shihad M.P. versus The State of Kerala & Anr

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