IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3379 of 2011() ----------------------------------------- CRIME NO.481/CR/HHW/III/KKD/2010 OF C.B.C.I.D, KOZHIKODE. (CRIME NO.290/2010 OF KUTTIPPURAM POLICE STATION, MALAPPURAM. ............... APPLICANTS/ACCUSED NO.2 & 3 ----------------------------------------------- 1. N. BALAKRISHNAN, S/O.ITTAMAN NADAKAVIL HOUSE, KOORKAPARAMBU THIRUVEGAPURAM VILLAGE. 2. K. UNNIKRISHNAN, S/O.RAMAN, KAKKIDI HOUSE, NADUVATTOM AMSOM DESOM, PATTARNADAKKAVU. BY ADV. SRI.P.VENUGOPAL, SRI.M. RAVIKRISHNAN. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, ALATHUR. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 3379 of 2011 - - - - - - - - - - - - - - - - DATE: 06-05-2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos. 2 and 3 in Crime No. 481/CR/HHW- III/KKD/10 of C.B.C.I.D., Kozhikode, for offences punishable under Sections 120 (B), 302, 201, 326, 328 and 471 read with Sec. 34 I.P.C. and Sec. 55 (a) and 57 (A) of the Abkari Act, seek their enlargement on bail. The petitioners were arrested on 07-09- 2011. 2. Sri. P.N. Sukumaran, the learned Addl. Director General of Prosecution, opposed the application contending inter alia as follows:- This is the hootch tragedy in Malappuram District where twelve persons lost their lives and three persons lost their eye sight and about 86 persons were sustained discomfort and injuries as a result of consuming toddy mixed with methylated spirit. The petitioner who is directly or indirectly responsible for the spurious toddy sold under the name “speed toddy” does not deserve bail. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the B.A. No. 3379 of 2011 petitioners but only from a future date. Accordingly, the petitioners are directed to be released on bail w.e.f. 09-05- 2011 on each of the petitioners executing a bond for ` 1,00, 000/- (Rupees one lakh 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 petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. Before executing the bail bond, the petitioners shall surrender his passport, if any, before the Magistrate . In case the petitioners are not holders of passport, they shall file an affidavit to that effect. 4. The petitioners shall not leave the territorial limits of Kerala without the written prior permission of the Court concerned. 5. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person who are acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to the police or to any other person in authority . 6. The petitioners shall make themselves available for interrogation as and when required by the investigating officer at any time till the filing of the final report. B.A. No. 3379 of 2011 7. The petitioners shall not establish any contact with any of the witnesses or accused in the case. 8. The petitioners shall not influence or intimidate the prosecution witnesses or the victims nor shall they attempt to tamper with the evidence for the prosecution. 9. The petitioners shall not commit any offence while on bail. 10. The petitioners shall notify to the Court their place of residence before executing the bail bond. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 6th day of May, 2011. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge