IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 Bail Appl..No. 1296 of 2011() ------------------------ Crime No. 481/CR/HHW-III/KKD/10 of CBCID, KOZHIKODE PETITIONER/ACCUSED NO.11 ------------------------ C.ROYSTON ALIAS ROY ALIAS ROBIN, AGED 30, S/O.CHERIYAN KURYAKOSE, IRUPATHARILCHIRA HOUSE, KANDANKARI.P.O., THAYANKARI, CHAMPAKKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE DY.SUPERINTENDENT OF POLICE, CRIME BRANCH CID, HHW-III, WAYANAD SUB UNIT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Addl.Director General of Prosecution Sri. P.N.Sukumaran THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON 17/03/2011 PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................................ Bail Application No. 1296 of 2011 ......................................................... Dated: 17-03-2011 ORDER In this petition filed under Sec. 439 Cr.P.C. the petitioner who is the 11th accused in Crime No.493/CR/HHW- III/KKD/2010 of the Crime Branch CID, Kozhikode, for offences punishable under Sections 302, 307 and 201 read with Sec. 34 I.P.C. and Sec. 57 A of the Kerala Abkari Act , seeks his enlargement on bail. He was arrested on 23-12- 2010. This case was originally registered as Crime No. 361 of 2010 of Wandoor Police Station. 2. Sri. P.N. Sukumaran, the learned Addl. Director General of Prosecution opposed the application. 3. I heard both sides and perused the records. 4. This is the Malappuram District Hooch Tragedy Case in which altogether 24 persons lost their lives, three Bail Application No. 1296 of 2011 -:2:- persons lost their eye-sight and 86 persons were hospitalised due to various problems after consuming the killer brew . 5. One Meenakshi, a tamil labourer residing in Karakkad Colony in Poroor Village within the limits of Wandoor Police Station had consumed toddy from a toddy shop at Vaniyambalam in the evening of 4-09-2010. As she began to vomit, she was rushed to the District Hospital, Manjeri from where she died on 6-09-2010 while undergoing treatment. Initially, the Wandoor Police registered Crime No. 361 of 2010 under the caption “unnatural death” . Since during the period between 5-09-2010 and 10-09-2010, 10 persons died in the Hooch Tragedy at Vaniyambalam and several persons became causalities in the various hospitals after consuming toddy from the toddy shops at Vaniyambalam, Crime Nos. 362 to 365, 368 to 370 and 373 and 374 of 2010 came to be Bail Application No. 1296 of 2011 -:3:- registered by the Wandoor Police . Considering grave nature of the occurrence, the Director General of Police transferred the investigation of the case to the CBCID/HHW -III, Kozhikode. 6. Investigation thus far conducted by the police has revealed the following:- M/s. Chem Tech Chemicals at Angamaly had placed orders for the supply of 20 barrels of chemicals such as Ethyl Acetate, Methanol (Methyl Alcohol), Formic Acid etc. necessary for manufacturing thinner, turpentine, sealer, wood polish etc. The orders were placed with M/s. Rising Chemicals at Chembur in Mumbai which despatched the consignment to the consignor M/s. Chem Tech Chemicals through the Sholapur Branch of a parcel company by name M/s. Ghatge Patil Transports Limited on 27-01- 2007. The said transport company consigned the materials to its Aluva Branch via Coimbatore main Branch for door delivery of the articles to the consignee at Angamaly. The consignment reached Coimbatore on 28-01-2010. On the ground that there was some problem in transporting the materials from Coimbatore to Aluva, the consignee deputed two persons for taking delivery of the consignment from the Coimbatore Main Branch of the Transporting Bail Application No. 1296 of 2011 -:4:- Company. The staff of the consignee visited the Coimbatore Main Branch of the Transporting Company on 23-02-2010. Since the contents of some of the barrels were not as per the orders placed by the consignee and some of the barrels were found leaking, they took delivery of only 11 barrels of chemicals and did not take delivery of the remaining 9 barrels. The nine barrels remained in the godown of the transporting company. While so, A13 (L. Ganesan) a clerk in the office of the transporting company sold 4 out of the 9 barrels to the petitioner namely Royston @ Roy @ Robin (A 11) for Rs. 45,000/-. A11 with the help of A10 (K.H. Sajeer), A12 (P.D. Deepu), A14 (C.P. Faisal), A15 (C.K. Noushad) , A 16 (K.P. Veerankutty) and A17 (C.P. Muhammed Raffi @ Raffi) supplied the noxious spirit to A6 (N. Raju) and A7 (C. Praveen @ Ponnoottan) on 1-09-2010. For supplying the noxious spirit to A6 and A7 A15 had arranged a tempo traveller from Alangad in Ernakulam District. A15 drove the tempo traveller bearing Reg. No. KL-7-BC -4141 carrying spirit from Thirumurugan Nagar in Coimbatore to Perinthalmanna. A12 arranged a Maruti Wagon R Car to provide pilot to the tempo traveller . A11 (the petitioner) , A12 and A14 travelled in the Maruti Wagon R Car bearing Reg. No. KI-07 -BK-3972. A6 and A7 supplied about 105 litres of spirit to A4 (M. Sivadasan @ Dasan) who in turn supplied the same to A1 (Mrudhul. M. Mohan ) who was running toddy shop No. 5/2010-11 at Vaniyambalam since 1-4-2010. The licensees in respect of the said toddy shop were A8 (P. Subhramanyan) and A9 (K. Ramadas). Bail Application No. 1296 of 2011 -:5:- In order to make undue pecuniary gains by augmenting the sale of toddy after increasing its intoxicating strength, A1 with the assistance of his salesmen , A2 (C.D. Varghese) , A3 (K.Suresh Babu @ Babu) and helper A5 (K. Prakasan) mixed the noxious methylated spirit with toddy and served it to the customers from 2-09-2010 through the toddy shop at Vaniyambalam resulting in the aforesaid man made tragedy. The petitioner (A11) had hired a building owned by Smt. Rathna at Thirumurugan Nagar in Coimbatore with the intention of storing and distributing spirit to Kerala. He had purchased 3400 litres of spirit in 17 barrels each containing 200 litres . He took delivery of the spirit from the Coimbatore Branch of the transporting company on 31-07-2010. At that time A13 (L. Ganesan) had given the petitioner 180 ml. of chemicals as sample for testing. The petitioner after consuming the chemical realised that it could be used in the place of spirit. 7. Investigation of the case is still in progress. Important evidence is to be collected from the Coimbatore and Sholapur branches of the transporting company and also from the main office of the transporting company at Kolhapur. Investigation revealed that the person mentioned as Mahesh Agarwal of Baroda from whom, according to the petitioner, Bail Application No. 1296 of 2011 -:6:- the spirit was brought, was a fictitious person. The petitioner was thus, putting the investigating officers off the track. If he is enlarged on bail he will definitely influence the witnesses and assist the accomplices and try to tamper with the evidence. I am therefore, not inclined to release the petitioner on bail. This petition is accordingly dismissed. Sd/-V. RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge