IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Bail Appl..No. 7928 of 2010() -------------------------------------- (CRIME NO.481/CR/HHW-III/KKD/10 OF C.B.C.I.D. KOZHIKODE DISTRICT) CRIME NO.290/2010 OF THE KUTTIPURAM POLICE STATION, MALAPPURAM DISTRICT). ......... PETITIONER/ PETITIONER/ACCUSED A6 (PRESENTALY UNDER CUSTODY. ------------------------------------------------------------------------------------------------------------ RAMACHANDRAN, S/O.LATE KUNJAN KADUVATHIL HOUSE, ALATHIYUR P.O.,TIRUR,MALAPPURAM BY ADVS. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA MANUVILSAN SRI.P.S.ANISHAD 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 ADDL. DGP SRI. P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. .................................................... Bail Application No. 7928 of 2010 ..................................................... Dated this the 10th day of December, 2010. ORDER Petitioner, who is the 6th accused in Crime No.290/2010 of Kuttipuram Police Station for offences punishable under Sections 302, 326, 328, 471, 201 and 120-B read with Section 34 IPC and Sections 57 A and 55(a) of the Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 24.11.2010. 2. Final report was submitted on 06.12.2010. The learned Public Prosecutor opposed the Bail Application contenting inter alia that several persons died and four of the deceased persons died after consuming toddy from the toddy shop of which the petitioner is the licencee. The toddy consumed by the deceased persons was found to be adulterated with wood spirit, ie, Methyl Alcohol. 3. This is a hooch tragedy which had taken the lives of nearly two dozen poor people who had consumed adulterated toddy. It is too early to accept the contention of the petitioner that right from the year 2005 onwards, he is completely paralyzed and laid up with Haemiplegia as attempted to be revealed by the medical records. Admittedly, the petitioner who B.A.No.7928/2010 2 claims to be completely paralyzed from 2005 onwards is the licencee of the toddy shop. If as a matter of fact, he is afflicted by Haemiplegia and totally paralyzed right from the year 2005 onwards, it is not known as to how he could secure a licence in his favour last year. 4. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the 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 at this stage. This petition is accordingly dismissed. V. RAMKUMAR, (JUDGE). ln