IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 10184 of 2011() ------------------------------ CRMP.1493/2011 of DISTRICT COURT, MANJERI Crime No.481/CR/HHW/III/KKD/10 of C.B.C.I.D., Kozhikode. APPLICANTS/ACCUSED Nos.18 to 20: ---------------------------------- 1. K.V.REGHUNATHAN @ REGHU, S/O.VELAYUDHAN, KUTTIPARAMBIL HOUSE (SREEPADAM) KODASSERI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. K.V.SAJEEV, S/O.VELAYUDHAN, KUTTIPARAMBIL HOUSE (SREEPADAM) KODASSERI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. P.S.SUBRAMANIYAN @ RENI, S/O.BALN, PALLIYIL HOUSE, MANGATTUKARA.P.O. KANDASSAMKADAVU, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN B.A.No.10184/2011 RESPONDENT:COMPLAINANT: ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE CRIME BRANCH CID, CALICUT. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10184 of 2011 ---------------------------------------------- Dated this the 15th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.18 to 20 in Crime No.481/CR/HHW/III/KKD/10 of C.B.C.I.D., Kozhikode. 2. The offences alleged against the accused are under Sections 302, 307 and 201 read with Section 34 of the Indian Penal Code and Section 57-A of the Abkari Act. 3. In the hooch tragedy which occurred in September, 2010 in various parts of Malappuram District, 10 persons died and 86 persons sustained injuries. Many of them lost their eye sight. The tragedy occurred as a result of consumption of toddy, which was adulterated with noxious substance, from various toddy shops in Malappuram District. 4. The petitioners were arrested on 11/11/2011 and they were remanded to judicial custody. Investigation is in progress as regards accused Nos.18 to 20. Bail Appln.No.10184/2011 : 2 : 5. It is submitted by the learned Public Prosecutor that the investigation revealed that accused Nos.18 to 20 were also involved in the running of the toddy shops though they were not the licensees. It is submitted that as per the understanding between other accused and accused Nos.18 to 20, the adulterated toddy was supplied to the customers in the various toddy shops. As per the agreement, accused Nos.18 to 20 were receiving handsome amounts as remuneration. The learned Public Prosecutor also submitted that after the incident, the petitioners were absconding. 6. The investigation is in progress. If the petitioners are released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. It is also likely that the petitioners would intimidate and influence the witnesses and tamper with the evidence, if they are released on bail. The chances of the petitioners making themselves scarce, while on bail cannot also be ruled out. For the aforesaid reasons the bail application is dismissed. K.T.SANKARAN, JUDGE skj