IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 2808 of 2011() ----------------------------------------- CRIME NO.481/CR/HHW/III/KKD/10 OF C.B.C.I.D, KOZHIKODE. ............... APPLICANT/ACCUSED NO.1 ------------------------------------------ DRAVYAN, S/O.RAMANKUTTY, KARIYAKUNNATH HOUSE, KOORKKAPARAMB, THIRUVEGAPPURA, PALAKKAD. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.M. REVIKRISHNAN, SRI.VIPIN NARAYAN. RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE CRIME BRANCH CID, CALICUT. BY SRI.P.N. SUKUMARAN, ADDL. D.G.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 2808 of 2011 - - - - - - - - - - - - - - - - DATE: 06-05-2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioner, who is the first accused in Crime No. 481/CR/HHW-III/KKD/10 of C.B.C.I.D., Kozhikode, for offences punishable under Sec. 302 read with Sec. 34 I.P.C. and Sec. 57 A of the Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 07-09- 2011. 2. Sri. P.N. Sukumaran, the learned Addl. Director General of Prosecution, opposed the application contending inter alia as follows:- This is the hootch tragedy in Malappuram District where twelve persons lost their lives and three persons lost their eye sight and about 86 persons were sustained discomfort and injuries as a result of consuming toddy mixed with methylated spirit. The petitioner who is directly or indirectly responsible for the spurious toddy sold under the name “speed toddy” does not deserve bail. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner but only from a future date. Accordingly, the B.A. No. 2808 of 2011 petitioner is directed to be released on bail w.e.f. 09-05- 2011 on his executing a bond for ` 1,00, 000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. Before executing the bail bond, the petitioner shall surrender his passport, if any, before the Magistrate . In case the petitioner is not the holder of a passport, he shall file an affidavit to that effect. 4. The petitioner shall not leave the territorial limits of Kerala without the written prior permission of the Court conerned. 5. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to the police or to any other person in authority . 6. The petitioner shall make himself available for interrogation as and when required by the investigating officer at any time till the filing of the final report. 7. The petitioner shall not establish any contact with any B.A. No. 2808 of 2011 of the witnesses or accused in the case. 8. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution. 9. The petitioner shall not commit any offence while on bail. 10. The petitioner shall notify to the Court his place of residence before executing the bail bond. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 6th day of May, 2011. V.RAMKUMAR, JUDGE. ani/