The Kerala High Court granted bail to a chef who made a shawarma roll that allegedly led food poisoning and hospitalisation of a woman.
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Kochi: The Kerala High Court made a significant decision regarding a case involving alleged food poisoning stemming from a shawarma roll prepared by a chef. The court, presided over by Justice C Pratheep Kumar, granted bail to the accused chef, who had been in custody since April 19, 2024. This development sheds light on the complexities surrounding food safety regulations and the legal responsibilities of food service providers.
In his ruling, Justice C Pratheep Kumar emphasized the duration of the chef’s custody, highlighting the need for fairness in legal proceedings.
“He had been in custody since April 19, 2024,”
-noted the judge, underlining the considerable period the accused had spent detained.
As part of the bail conditions, the chef was instructed to cooperate fully with the ongoing investigation. This included reporting to the investigating officer every Tuesday between 10.00 am and 11.00 am until the final report is filed or until the conclusion of June 2024, whichever comes first. These conditions underscore the court’s commitment to ensuring a thorough and impartial inquiry into the matter.
The charges against the chef are serious, invoking sections of the Indian Penal Code related to negligent conduct, attempted culpable homicide, and causing harm through the use of poisonous substances, among others.
“He has been charged for offences under Sections 284, 308, 328 read with Section 34 of the IPC,”
-the court stated, reflecting the gravity of the accusations leveled against him.
The prosecution’s case revolves around an incident where a woman, along with her companions, purportedly suffered adverse health effects after consuming a shawarma roll purchased from the restaurant via the food delivery app ‘Swiggy‘. The accused chef, employed at the restaurant, finds himself at the center of this legal battle, facing allegations of negligence and misconduct.
Following the consumption of the shawarma roll, the complainant experienced physical distress, necessitating her admission to a private hospital for medical treatment. This incident underscores the potential risks associated with food consumption and the imperative of stringent quality control measures in food preparation establishments.
Notably, while the owner of the restaurant, identified as the first accused, had previously been granted bail, the chef remained in custody until the recent court decision. This divergence in legal treatment raises questions about individual culpability and underscores the complexities inherent in such cases.
In his defense before the High Court, the chef argued that the restaurant had maintained a stellar track record over its eight years of operation, serving a considerable volume of shawarma rolls daily without any prior complaints.
“The restaurant has been in business for the last eight years selling 150 shawarma rolls each day with no such complaints about their food,”
-asserted the chef, seeking to refute the prosecution’s claims of negligence.
Furthermore, the chef emphasized the importance of consuming shawarma rolls promptly after preparation, suggesting that any adverse effects may have resulted from improper handling or storage post-purchase.
“Rolls have to be eaten within two hours of preparation,”
-the chef contended, implying that the complainant’s actions might have contributed to the alleged food poisoning incident.
Given the chef’s prolonged detention, the court deemed it appropriate to grant bail, subject to the execution of a bond amounting to Rs 50,000, along with two solvent sureties of equal value. This decision reflects the judiciary’s balancing act between ensuring due process and safeguarding individual rights amidst serious legal proceedings.
CASE TITLE:
Muhammed Rahi Hussain v. State of Kerala.
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