IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Bail Appl..No. 1699 of 2011() ----------------------------------------- CRIME NO.481/CR/HHW/III/KKD/10/2010 OF CBCID, KOZHIKODE. .................. PETITIONERS/ACCUSED NO.19 --------------------------------------------- JUNAID ALI @ JUNAIS, AGED 25, S/O.ALIKUTTY, PULICKAL HOUSE, KOOKKAMPARAMB NADUVATTOM, THIRUVEGAPPURA, PALAKKAD DISTRICT. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT/COMPLAINANT AND STATE -------------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. BY CBCID, KOZHIKODE, 673 001. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1699 of 2011 ----------------------------------------------------- Dated this the 8th day of March, 2011 ORDER Petitioner, who is accused No.19 in Crime No.481/CR/HHW/III/KKD/10/2010 of CBCID, Kozhikode for offences punishable under Sections 302, 326, 328, 471, 120(B), 201 read with Section 34 I.P.C. and Sections 57(a) & 55(a) of Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 11/09/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that this is the notorious “Hooch Tragedy” in which 24 persons were killed and 3 persons lost their eye sight and several others hospitalised after consuming the killer brew sold as “speed toddy” from the toddy shops in and around Kuttipuram. The petitioner was the person who procured spirit in huge quantities from Tamil Nadu and supplied to A2, the licensee of Beeranchira and other toddy shops. Final report was filed on 06/12/2010 before the Judicial Magistrate of the First Class-I, Thirur. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the Bail Appln.No.1699/2011 : 2 : relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, 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 petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner. This petition is accordingly dismissed. Registry shall communicate a copy of this order to the Magistrate concerned. Dated this the 8th day of March, 2011. V.RAMKUMAR, JUDGE. skj