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2024 Supreme(Online)(KER) 24138

HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
MUHAMMED RAHI HUSSAIN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
AMEER.K.M.

ORDER

Dated this the 7th day of May, 2024 This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the 2nd accused in Crime No. 2047 of 2023 of Thrikkakara Police Station, Ernakulam, registered under Sections 284 , 308, and 328 r/w Section 34 of IPC .

2. The prosecution allegation is that, on 21.10.2023, the defacto complainant along with her friends purchased a food item called 'Shawarma' through ‘Swiggy’ from the restaurant wherein the petitioner was working as cook. Consumption of the above food item resulted in causing some ailments to the defacto ..3.. complainant, and she was admitted in Hospital.

3. The owner of the restaurant was arrayed as the 1st accused, and he was granted anticipatory bail by this Court. The petitioner was arrested on 19.04.2024, and since then he is in judicial custody.

4. According to the learned counsel for the petitioner, the above restaurant is functioning for the last eight years, and they are selling more than 150 Shawarmas daily. The Shawarma is to be consumed within two hours from the time of its preparation.

So far, no complaints were received against the restaurant by any authorities. The goodwill

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