IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Bail Appl..No. 8183 of 2010() ---------------------------------------- CRIME NO.481/CR/HHW-III/KKD/10 OF C.B.C.I.D., KOZHIKODE DISTRICT. ........... PETITIONER/8TH ACCUSED (PRESENTLY UNDER CUSTODY) ----------------------------------------------------------------------------------------- V.A.ASOKAN, S/O.AYYAPPAN, VALIYARA HOUSE, KODUTHUMKUNDIL, KORATTIKKARA P.O., KADAVALLUR VILLAGE, THRISSUR. BY ADV. SRI.K.N.ABHILASH 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 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. .................................................... Bail Application No. 8183 of 2010 ..................................................... Dated this the 21st day of December, 2010. ORDER Petitioner, who is the 8th accused in Crime No.481/CR/HHW-III/KKD/10 of CBCID, Kozhikode for offences punishable under Section 57 of the Abkari Act and Section 302 IPC, seeks his enlargement on bail. The petitioner was arrested on 30.11.2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that this is a hooch tragedy in which 24 persons had lost their lives by drinking toddy mixed with Methyl Alcohol and the petitioner is a staff of the first accused who was running the toddy shops on benami. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the 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 B.A. No. 8183/2010 : 2: 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. V. RAMKUMAR, (JUDGE). rv