SHIHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Sec. 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail by the accused in crime Nos.2020/2023, 2047/2023 and 2048/2023 of Thrikkakara police station for the offence under Ss. 284 and 308 IPC.

(2.) The prosecution allegation is that the petitioner, who is running a hotel, with the knowledge that death would be caused, prepared and sold 'shawarma' at his restaurant, which was ordered by the brother of the de facto complainant through Zomatto on 18/10/2023 at 9.30 p.m. The deceased was admitted to the hospital on 22/10/2023 due to some physical ailments due to the consumption of the said foodstuff, and on 25/10/2023, he succumbed to the ailments. The death of the deceased happened due to the consumption of 'shawarma' sold out by the petitioner herein through the restaurant. The petitioner sold the obnoxious and adulterated food, which is not consumable, so as to obtain wrong gain and thus committed the offences. In the other two crimes, similar food item was consumed, which resulted in the victims being affected with food poisoning.

(3.) Sri. T. Asaf Ali, learned counsel for the petitioner, submitted that the petitioner operates the well-known restaurant Le Hayath Restaurant at Thrikkakkara, holding requisite licenses. The said establishment has maintained a flawless record for several years. According to the petitioner, the deceased ordered 'shawarma' through Zomatto at 9.38 p.m. on 18/10/2023. The petitioner is running the hotel in a hygienic manner. He prepares the food with abundant caution and care to maintain its quality. Nearly 150 to 200 shawarma is being sold out from his hotel. On the day of the occurrence, around 150 shawarma orders were served. Nobody has raised any complaint. It is learnt that the deceased worked the day after consuming shawarma. He sought medical care on 22/10/2023, showing signs of severe septicemia. The medical bulletin published by the Sun Rise Hospital shows that the deceased was admitted on 22/10/2023 at around 10.30 a.m. with a history of cardiac arrest. He further showed the symptoms of multi-organ dysfunction. He was declared dead by 25/10/2023 at 2.55 p.m. The petitioner did not commit any wrongdoing, which led to the death. He had taken due caution while preparing food. It is also to be noted that if the food supplied by the hotel to the petitioner were adulterated or contaminated, other consumers who consumed food from the petitioner's hotel would have shown the symptoms of food adulteration. Nobody has raised any allegation.