IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Bail Appl..No. 1271 of 2011() ----------------------------- CRIME NO.493/CR/HHW-III/2010 OF CBCID, KOZHIKODE PETITIONER /ACCUSED NO.12: -------------------- P.D. DEEPU, S/O. DINESH, PARAKKULANGARA HOUSE, KOONAMTHAI, EDAPPALLY.P.O, KOCHI - 682 024. BY ADV. SRI.LELLULAL T.G.THUNDATHIL RESPONDENT: --------------- DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, C.I.D, HHW-III, WYNAD SUB UNIT, KOZHIKODE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1271 of 2011 ----------------------------------------------------- Dated this the 28th day of February, 2011 ORDER Petitioner, who is accused No.12 in Crime No.493/CR/HHW-III/2010 of C.B.C.I.D., Kozhikode for offences punishable under Sections 302, 307, 201 read with Section 34 I.P.C. and Sec.57A of the Kerala Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 31/12/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner had arranged the vehicle (Wagn R Car) for piloting large quantity of spirit from Coimbatore to Perinthalmanna which was eventually handed over to the licensee for supplying the same to various shops as “speed toddy” which was nothing but toddy mixed with methyl alcohol which is a poison. In this hooch tragedy 24 persons died and 3 persons lost their eye sight. Final report has already been filed before the Magistrate. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the Bail Appln.No.1271/2011 : 2 : relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage. This petition is accordingly dismissed. Dated this the 28th day of February, 2011. V.RAMKUMAR, JUDGE skj