IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Bail Appl..No. 247 of 2011() ---------------------------- (CRIME NO.290/10 OF KUTTIPURAM POLICE STATION) CMP.7589/2010 of J.M.F.C.,TIRUR .................... APPLICANTSA21 & A22 ------------------------------ 1. N.RAJU, S/O.RAMANKUTTY, NULLUPRA HOUSE, THELAKKAD P.O., PACHEERI, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. C.PRAVEEN @ PONNUTTAN, S/O.SEKHARAN, KOLATTIL HOUSE, THACHAMPARA, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT/COMPLAINANT/STATE ----------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D., KOZHIKODE. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.247 of 2011 --------------------------------------------------- Dated this the 19th day of January, 2011 ORDER The petitioners, who are accused Nos.21 & 22 in Crime No.481/CR/HHW-III/KKD/10 C.B.C.I.D, Kozhikode (Crime No.290 of 2010 of Kuttipuram Police Station) for offences punishable under Sections 302, 120B, 201, 326, 328 & 471 read with Section 34 I.P.C. and Sections 55(a) & 57-A of Abkari Act, seek their enlargement on bail. The petitioners were arrested on 28/09/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioners are the persons who transported methyl alcohol (wood spirit) from Pondichery and supplied to A1 and others who mixed the same with toddy and supplied it as “speed toddy” resulting in the death of 24 persons and loss of eye sight of 3 persons and 10 persons are still undergoing treatment in the hospital. This is the 'Hooch Tragedy' in which various persons after consuming the “killer brew” from the various toddy shops met with permanent impairment of their eye sight or other faculties. B.A.No.247/2011 2 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioners, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioners, 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 petitioners are released on bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioners making themselves scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioners at this stage. This petition is accordingly dismissed. V. RAMKUMAR, JUDGE skj