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. 8026 of 2010() ---------------------------------------- (CRIME NO.481/CR/HHW-II/KKD/10 OF C.B.C.I.D , KOZHIKODE DISTRICT.) ( CRIME NO. 290/2010 OF THE KUTTIPURAM POLICE STATION, MALAPPURAM DISTRICT.) PETITIONER (S): 4TH & 5TH ACCUSED (PRESENTLY UNDER CUSTODY) -------------------------------------------------------------------------------------------------------- 1. LAKSHMANAN, AGED 49 YEARS, S/O. UNNI, RAMANATH HOUSE, VETTOM PADIYAM P.O., VETTOM VILLAGE, MALAPPURAM DISTRICT. 2. P.P.RAJAN, AGED 37 YEARS, S/O. KUNHMON, PATTIYAMPALLI VEEDU, PURATHUR P.O., PURATHUR VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SRI. K.VIDYA MANUVILSAN SRI.P.S.ANISHAD SRI.R.VISHNURAJ RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REP.BY THE SUPERINTENDENT OF POLICE, CBCID, 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. 8026 of 2010 ..................................................... Dated this the 10th day of December, 2010. ORDER Petitioners, who are accused Nos.4 and 5 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, I.P.C., seek their enlargement on bail. The petitioners were 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 dozens of poor people by consuming adulterated toddy. It is too early to consider the petitioners contention that the petitioners are not workers of the Beeranchira toddy shop B.A. No. 8026 of 2010 2 and that the four persons who died did not consume toddy from the Beeranchira toddy shop. 4. Having regard to the gravity of the offences, 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 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. ln