IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Bail Appl..No. 708 of 2011() ---------------------------- CRIME NO.481/CR/HHW/III/KKD/10 OF C.B.CID., KOZHIKODE .................... APPLICANT/ACCUSED NO.13 ------------------------------------------- RAJAN, S/O.RAMANKUTTY, KARUKAYIL HOUSE, KODANNUR AMSOM, TRICHUR DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.M.REVIKRISHNAN, SRI.UNNI SEBASTIAN KAPPEN. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE CRIME BRANCH CID, CALICUT. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.708 of 2011 ----------------------------------------------- Dated this the 8th day of February, 2011 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.13 in Crime No.481/CR/HHW/III/KKD/10 of CBCID, Kozhikode for offences punishable under Sections 302 read with Section 34 I.P.C. and under Sec.57-A of the Kerala Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 07/09/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that this is the 'Hooch Tragedy' in which 24 persons lost their lives and 3 persons lost their eye sight and that the petitioner had a duty to ensure that potable toddy was supplied to the customers. But what was served was toddy mixed with methyl alcohol. 3. The petitioner has already undergone pretrial incarceration for a period of 154 days. The allegation of the prosecution will have to be considered during trial and if ultimately the petitioner is convicted he will be awarded condign punishment. Having regard to the facts and circumstances of the case, I am inclined to grant bail to the petitioner with effect from Bail Appln.No.708/2011 -2- a future date. Accordingly, the petitioner is directed to be released on bail with effect from 16/02/2011 on his executing a bond for `15,000/- (Rupees fifteen thousand 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 Dy.S.P., C.B.C.I.D-III, Kozhikode (who is the Investigating Officer) between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall not enter the limits of Malappuram District until further orders to be passed by the court concerned. 3. The petitioner shall surrender his passport, if any, before executing bail bond. In case the petitioner is not the holder of passport he shall file an affidavit to that effect. 4. The petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. Bail Appln.No.708/2011 -3- 5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. 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. V.RAMKUMAR, JUDGE skj