IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 Bail Appl..No. 242 of 2011(A) ---------------------------- CRIME NO.481/CR/HHW/III/KKD/10 of C.B.C.I.D., Kozhikode. PETITIONER: ACCUSED ------------------------------ RAJAN, S/O.RAMANKUTTY, KARUKAYIL HOUSE, KODANNUR AMSOM, TRICHUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.UNNI SEBASTIAN KAPPEN RESPONDENT: --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HGIH COURT OF KERALA, ERNAKULAM,REPRESENTING THE CRIME BRANCH CID, CALICUT PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.242 of 2011 --------------------------------------------------- Dated this the 17th day of January, 2011 ORDER The petitioner, who is accused No.13 in Crime No.481/CR/HHW/III/KKD/10 of C.B.C.I.D., Kozhikode, for offences punishable under Sections 302 read with Section 34 I.P.C. & 57-A of the Kerala Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 07/09/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia as follows:- This is the notorious 'Hooch Tragedy' in which 24 persons lost their lives and 3 persons lost their eye sight and 10 persons are still undergoing treatment in the hospital after drinking toddy mixed with methyl alcohol (wood spirit) sold as “speed toddy”. Petitioner was the authorised salesman of Beenachira toddy shop and 5 persons who consumed toddy from that shop lost their lives. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative B.A.No.242 of 2011 2 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 at this stage. This petition is accordingly dismissed. V. RAMKUMAR, JUDGE skj