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. 3687 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1458/2011 CMP.7800/2010 of J.M.F.C.,TIRUR (CRIME NO.481/CR/HHW-III/KKD/10 OF CBCID, KOZHIKODE (CRIME NO.290/10 OF KUTTIPURAM POLICE STATION) .................... PETITIONERS/4TH & 5TH ACCUSED : ---------------------------------------------------------------------- 1. LAKSHMANAN, AGED 48 YEARS, S/O. UNNI, RAMANATH HOUSE, VETTOM PADIYAM P.O., VETTOM VILLAGE, MALAPPURAM DISTRICT. 2. P.P.RAJAN, AGED 37 YEARS, S/O. KUNHIMON, PATTIYAMPALLI VEEDU, PURATHUR P.O., PURATHUR VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUPERINTENDENT OF POLICE, CBCID, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.S U NAZAR 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.3687 of 2011 ------------------------------------- Dated this the 20th day of May 2011 Order Petitioners are the 4th and 5th accused in Crime No.481/CR/HHW-III/KKD/10 of C.B.C.I.D., Kozhikode (Crime No.290/10 of Kuttipuram Police Station, Malappuram District) for the offences punishable under Sections 302, 326, 328, 471, 201, 120B r/w 34 IPC and Sections 57A and 55(a) of the Kerala Abkari Act. Petitioners were arrested on 24.11.2010. Their bail applications were dismissed by the trial Court. 2. The allegation against the petitioners is that they sold toddy mixed with noxious spirit and 10 persons died and 86 persons sustained simple and grave injuries by consuming the toddy. 3. Petitioners seek regular bail. 4. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. BA 3687/11 2 5. Since 24.11.2010, they have been in judicial custody. Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that they will abide any condition that may be imposed on them, the accused are granted bail, subject to the following conditions: i. Each of the accused shall execute a bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties each 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 themselves available for interrogation by the investigating officer and that they 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 their original passports before the learned Magistrate. If BA 3687/11 3 they are not having any valid passports, they should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they 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. Petitioners will furnish the correct residential address and should also make available land phone number /mobile number or contact number. The BA 3687/11 4 petitioners shall not shift their residence without intimating the Investigating Officer and the learned Magistrate. N.K.Balakrishnan, Judge sta