IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 Bail Appl..No. 591 of 2011() -------------------------------- (CRIME NO.481/CR/HHW-III/KKD/10 OF C.B.C.I.D, KOZHIKODE DISTRICT) (CRIME NO.290/2010 OF KUTTIPURAM POLICE STATION, MALAPPURAM (ACCUSED IN CUSTODY)) ...... PETITIONER/6TH ACCUSED (PRESENTLY UNDER CUSTODY) ---------------------------------------------------------------------- RAMACHANDRAN, S/O.LATE KUNJAN KADUVATHIL HOUSE, ALTHIYUR PO, TIRUR, MALAPPURAM. BY ADVS. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA MANUVILSAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUPERINTENDENT OF POLICE, CB CID, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - B. A. No. 591 of 2011 - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2011. O R D E R In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.6 in Crime No.481/CR/HHW- III/KKD/10 of C.B.C.I.D., Kozhikode for offences punishable under Sections 302 and 57A of the Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 24.11.2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application submitting inter alia that this is the hooch tragedy resulting in the death of nearly two dozen persons and the petitioner is a licencee of one of the toddy shops from which toddy mixed with methyl alcohol was drunk by the customers. 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. Accordingly, the petitioner is directed to be released on bail w.e.f 21.02.2011 on his executing a bond for `2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and B.A. No. 591/2011 : 2: 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. 2. 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. 3. The petitioner shall surrender his passport, if any, before the Magistrate before executing the bail bond. In case he is not the holder of a passport, he shall file an affidavit to that effect. 4. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. 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. rv