IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 Bail Appl..No. 8643 of 2010() ---------------------------------------- CRIME NO.481/CR/HHW-III/KKD/10 OF C.B.C.I.D., KOZHIKODE DISTRICT CRIME NO.290/2010 OF KUTTIPURAM POLICE STATION, MALAPPURAM DIST. ................... PETITIONER/ACCUSED (PRESENTLY UNDER CUSTODY) ----------------------------------------------------------------------------------- RAMACHANDRAN, S/O. LATE KUNJAN, KADUVATHIL HOUSE, ALATHIYUR P.O., TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SMT.K.VIDYA, SRI.RAJAN VISHNURAJ. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUPERINTENDENT OF POLICE, CB CID, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ============================= Bail Application No.8643 of 2010 ================================ Dated this the 6th day of January, 2011 ORDER Petitioner, who is the 6th accused in Crime No.481/CR/HHW-III/KKD/10 of C.B.C.I.D, Kozhikode for offences punishable under Sections 302,326,328,471,201 and 120-B read with Section 34 IPC and Sections 57A and 55(a) of the Abkari Act seeks his enlargement on bail. The petitioner was arrested on 24.11.2010. 2. The learned Public Prosecutor opposed the application contending inter alia that several persons died and several persons got disabled after consuming toddy from the toddy shop in question. 3. This is a hooch tragedy which had taken the lives of 24 persons altogether. Three persons lost their eye sight and ten persons are undergoing treatment in the hospital. The petitioner is the licensee of Beeranchira Toddy shop wherein four persons died by consuming toddy. The toddy consumed by the deceased persons was found to be adulterated with wood spirit, that is, methyl alcohol. The contention of the petitioner is that he is B.A. No. 8643 of 2010 2 completely paralysed and laid up with haemiplegia from the year 2005 onwards as revealed by the medical records. It cannot be considered at this stage of the case, particularly when he is admittedly the licencee of the toddy shop in question. When for the purpose of getting licence he is competent to contract, it cannot be said that for the purpose of fixing the liability for the catastrophe, he is physically disabled. 4. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments of the near relatives of the victims and the other facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage. This petition is accordingly dismissed. V. RAMKUMAR, (JUDGE) sj