IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Bail Appl..No. 324 of 2011() ---------------------------- CRIME NO. 481/CR/HHW/III/KKD/10 of CBCID., KOZHIKODE .................... PETITIONER/ACCUSED NO.10: ----------------------------------- BHASKARAN,AGED 52 YEARS,S/O.AYYAPPAN, THOTTEKATTIL HOUSE,ANANTHAVOOR.P.O, TIRUR,TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM SRI.O.ABDUL HAFEELU SRI.P.C.MOIDEEN SRI.SURESH KARTHALA RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No. 324 of 2011 ..................................................... Dated this the 21st day of January, 2011. ORDER Petitioner, who is the 10th accused in Crime No.481/CR/HHW/III/KKD/10 of C.B.C.I.D., Kozhikode for offences punishable under Sections 120(B), 302, 201, 326, 328 and 471 r/w Section 34 I.P.C., and Sections 55(a) and 57(A) of the Kerala Abkari Act, seeks his enlargement on bail. The occurrence took place on 05.09.2010. The petitioner was arrested on 26.11.2010. 2. The learned Public Prosecutor opposed the application contending inter alia that this is the recent hooch tragedy where 24 persons who consumed the “killer brew”, namely, toddy mixed with methyl alcohol, lost their lives and three persons lost their eye sight and about 10 persons is still undergoing treatment in the hospital. The petitioner was the authorised salesman of Kuttipuram toddy shop from which 5 persons who consumed the alcohol by name 'speed toddy', died. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative B.A. No. 324/2011 : 2: conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments of the near relatives of the victim 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. 4. This petition is accordingly dismissed. The learned counsel for the petitioner submitted that the petitioner is suffering from cancer and is in an advanced stage. The Superintendent of the prison where the petitioner is incarcerated shall forward the petitioner to the Medical College Hospital, Calicut and get him admitted in the Pain and Palliative Care Wing so as to ease his pain which is alleged to be suffered. V. RAMKUMAR, JUDGE. rv