Supreme Court grants protection from arrest to restaurant operator accused of selling adulterated Shawarma

The Supreme Court on Friday stayed the arrest of a restaurant owner in Kerala who is accused of having sold an adulterated shawarma (meat-based wraps) causing the death of a customer [Shihad M.P. versus The State of Kerala & Anr]. .The bench of Justice Aniruddha Bose and Justice Augustine George Masih asked the petitioner Shihad MP to cooperate with the investigating agency, while granting the protection.“Let the petitioner not be arrested in connection with F.I.R. Nos. 2047 of 2023, 2020 of 2023 and 2048 of 2023 registered with Thrikkakara Police Station, Ernakulam, till the next date of hearing,” the Court said in the order.The top court also issued notice to the State of Kerala and listed the matter for further consideration after three weeks..Kerala High Court had earlier rejected the anticipatory bail plea of the accused. Justice Mohammed Nias CP had denied the relief to him after taking a serious view of the allegations against the restaurant, Le Hayath restaurant in Thrikkakara.“The menace of supplying adulterated food from restaurants can lead to various health issues, including food-borne illnesses, allergies and long-term health issues, besides resulting in food poisoning, digestive problems and in severe cases, pose a threat to life itself. Under such circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, these applications are dismissed,” the High Court had said in the order..A customer had died three days after consuming the shawarma, ordered through the food delivery service, Zomato, in October.The police have invoked 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 (IPC) against the restaurant operator.According to the prosecution, the restaurant violated guidelines for shawarma preparation and caused widespread food poisoning. The police has recorded statements from affected individuals, including Swiggy customers. .Advocates Haris Beeran, Azhar Assees, Anand B Menon and Radha Shyam Jena represented the petitioner[Read Order]