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2023 Supreme(Online)(KER) 31920

HIGH COURT OF KERALA
SHIHAD.M.P. S/O M.A.PAREED, – Appellant
Versus
STATE OF KERALA, – Respondent


ORDER

These applications are filed under Section 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 Sections 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 oper

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