CHANDRASENAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Criminal M C. Nos. 648, 649 and 650 of 1982 are filed under S; 439 of the Code of Criminal Procedure by accused Nos. 1 and 2, 3 and 4 and 6 respectively in Crime No. 155 of 1982 of Narakkal Police Station. Criminal M.C. No. 643 of 1982 is filed under S.438 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') by the 10th accused in the case. Since these applications arise out of the same crime case, they have been heard together and are being disposed of by common order.

(2.) Accused 1 to 4 were arrested on 5th September 1982, accused 1 and 2 have a case that they were not apprehended but they surrendered to the investigators. They earlier sought bail from this court through Crl. M. C. Nos. 580 and 581 of 1982 and the bail plea was rejected on 24th September 1982. 6th accused was arrested on 12th September 1982 (there is a mistake in the prior order of this Court regarding his rank and the date of arrest). He has been unsuccessful in securing bail order from the Judicial Magistrate of the First Class, N. Parur and the Sessions Judge, Ernakulam and he seeks an order of bail from this court. 10th accused seeks anticipatory bail. All the applications are opposed by the learned Public Prosecutor on behalf of the State.

(3.) A case was registered as Crime No. 155 of 1982 suo motu by the Sub Inspector of Police, Narakkal against 1 and 2 and their unnamed salesmen under S.304A, 338, 272, 273, 328 read with S.34 IPC on the ground that poisonous arrack sold by them in various arrack shops in Vypeen area in Narakkal Excise Range caused death of several consumers and disability to other large number of consumers. According to the latest information, as many as 71 persons died and about 800 persons were hospitalised. Investigation was taken over by the Crime Branch on 4th September 1982. Thereafter report was submitted to the concerned Magistrate to the effect that investigation has disclosed offences under S.304 IPC. and under certain provisions of the Abkari Act and suggesting deletion of S.304A IPC. The report also stated that accused 3 to 6 and other employees of accused 1 and 2 also have complicity in the crime. Subsequent reports indicated complicity of accused 7 to 10.