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. 8176 of 2010() ----------------------------- CMP.7874/2010 of J.M.F.C.,TIRUR .................... (CRIME NO.290/2010 OF KUTTIPURAM POLICE STATION, MALAPPURAM DISTRICT) ...... PETITIONERS/ACCUSED NO.16 & 17(PRESENTLY UNDER CUSTODY): ------------------------------------------------------------------------------------------------------- 1. PRATHEESH.K.R,S/O.RAJAN,KARICHAPARAMBIL HOUSE, PO KORATTIKARA,KADAVALLOOR VILLAGE,THRISSUR. 2. SHINOJ.K.P,S/O.KRISHNAN,KANISATH PAPRAMBIL HOUSE,PO KORATTIKKARA,KADAVALLOOR VILLAGE,THRISSUR. BY ADVS. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SMT.K.VIDYA MANUVILSAN. RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUPERINTENDENT OF POLICE CB CID, KOZHIKODE,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8176 of 2010 ----------------------------------------------------- Dated this the 21st day of December, 2010 ORDER The petitioners, who are accused Nos.16 & 17 in Crime No.481/CR/HHW-III/KKD/10 of CBCID, Kozhikode, for an offence punishable under Section 302 I.P.C., seek their enlargement on bail. The petitioners were arrested on 30/11/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that this is a hooch tragedy which had taken lives of 24 innocent persons and that the petitioners are the workers of A1 a benami licensee who along with his workers had mixed methyl alcohol (wood spirit) with toddy resulting in the death of so many persons. 3. Having regard to the gravity of the offence, 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 Bail Appln.No.8176/2010 : 2 : 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