IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3718 of 2011() (CRIME NO.481/CR/HHW-III/KKD/10 OF CBCID, KOZHIKODE ) ----------------------------- APPLICANT/20TH ACCUSED ------------------------------------------ FIROZ @ BABU, S/O.MOHAMMED,PULIKKAL HOUSE, THIRUVEGAPPURA,NADUVATTOM PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REP.THE S.I. OF POLICE,CBCID, CALICUT. PP MR.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ------------------------------------- BA No.3718 of 2011 ------------------------------------- Dated this the 20th day of May 2011 Order Petitioner is the 20th accused in Crime No.481/CR/HHW-III/KKD/10 of C.B.C.I.D., Kozhikode, for the offences punishable under Section 302 r/w. Section 34 IPC and Section 57A of the Kerala Abkari Act. Petitioner was arrested on 07.09.2010. His bail application was dismissed by the trial Court. 2. The allegation against the petitioner is that he sold toddy mixed with noxious spirit and 10 persons died and 86 persons sustained simple and grave injuries by consuming the toddy. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 5. Since 07.09.2010, he has been in judicial custody. Considering the period of detention already undergone by BA 3718/11 2 the accused and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on him, the accused is granted bail, subject to the following conditions: i. The accused shall execute a bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties for the like sum to the satisfaction of the JFCM, Tirur. If the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. iii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. BA 3718/11 3 iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the JFCM Court, Tirur without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number /mobile number or contact number. The BA 3718/11 4 petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.Balakrishnan, Judge sta BA 3718/11 5