Order

K. Padmanabhan Nair, J.— This is a petition filed under S. 439 of the Code of Criminal Procedure for regular bail.

2. The petitioner is accused No.12 in Crime No.118 of 2003 registered under Ss.302, 307, 326, 273, 201, 120(B) of Indian Penal Code and Ss. 57(A), 55(a), (h) & (i) and 58 of the Abkari Act of Anchalummoodu Police Station, which is known as “Kuppana Hooch Tragedy” and is being investigated by Crime Branch CID, Special Investigation Group-I, Thiruvananthapuram and renumbered the crime as Crime No. 104/CR/SI/2003.

3. On 10.4.2003 and 11.4.2003 a large number of persons consumed illicit liquor. Seven persons died and seven other persons suffered partial loss of sight due to the consumption of that illicit liquor which was mixed with methyl alcohol. The counsel for the petitioner has argued that the petitioner’s case is having no connection with the Kuppana Hooch Tragedy and there is no allegation against the petitioner that he is respon-sible for the offences under Ss. 302, 326, 273, 201, 120(B) of Indian Penal Code.

4. It is true that the prosecution has no case that the petitioner is involved in mixing methyl alcohol with the spirit and hence he is to be pros