Kerala High Court grants bail to chef booked for Shawarma food poisoning

The Kerala High Court recently granted bail to a chef who made a shawarma roll that allegedly led to food poisoning and hospitalisation of a woman [Muhammed Rahi Hussain v. State of Kerala].While granting bail to the chef, Justice C Pratheep Kumar, noted that he had been in custody since April 19, 2024. The chef was directed to co-operate with the investigation and to report before the investigating officer every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of June 2024, whichever is earlier..The accused chef was charged for offences under Sections 284 (Negligent conduct with respect to poisonous substance), 308 (attempt to commit culpable homicide), 328 (causing hurt by means of poison etc.) read with Section 34 (common intention) of the India Penal Code (IPC)..The prosecution case was that the complainant-woman along with her friends had bought a shawarma roll from the restaurant through food delivery app 'Swiggy'. The accused was working as a chef at the restaurant.After consuming the shawarma roll, the complainant experienced physical ailments and was admitted to a private hospital in Palarivattom for treatment..The owner of the restaurant who was named as the first accused had earlier been granted bail by the Court while the chef was arrested on April 19..Before the High Court, the chef contended that the restaurant has been in business for the last eight years selling 150 shawarma rolls each day with no such complaints about their food.The chef argued that rolls have to be eaten within two hours of preparation and that there is no evidence of the complainant purchasing food from the restaurant where he worked..Since the chef had already spent around three weeks in judicial custody, the Court deemed it fit to grant him bail on executing a bond for ₹50,000 with two solvent sureties of the like sum. .The petitioner was represented by advocate Ameer K M.Public Prosecutor Vipin Narayanan appeared for the state..[Read Order]