IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7254 of 2008() ----------------------------- CRIME NO. 496/2008 OF CHOKLI POLICE STATION PETITIONERS/ ACCUSED 1 & 3(UNDER JUDICIAL CUSTODY) ---------------------------------------------------------------------- 1. KAKKADINTAVIDA PRAKASHAN, AGED 42, S/O.KUNJIRAMAN, KOOLI, RESIDING AT PADINJARETHAZHEKUNNI, CHOKKLI AMSOM, NEDUMBRAM DESOM,P.O., CHOKLI, THALASSERY. 2. KOYILATH SREERAG,S/O.RAVEENDRAN, AGED 21, STUDENT, KOYILATH HOUSE, KANNAMVELLY DESOM, PERINGATHU AMSOM, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENT(S): COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA TO BE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O.CHOKLI POLICE STATION, CHOKLI, THALASSERY. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7254 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of November,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 324 read with section 149 IPC and 3 and 5 of Explosives and Substances Act. According to prosecution, petitioners (A1 and A3) along with 20 others threw bomb against de facto complainant and he sustained injury. The offence was committed in prosecution of a common object of unlawful assembly, of which petitioners were members. 3. Learned counsel for petitioners submitted that 3rd accused is a student. It is also submitted that one of the persons in mob threw the bomb and petitioners have no personal involvement in the offence. Both petitioners surrendered before the court on 14-10-2008, after dismissal of anticipatory bail application, as directed by this Court and they are in custody since then. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 5. Hence, petitioners shall be released on bail on her executing a bond for Rs.25,000/- each with two solvent sureties BA 7254/08 -2- each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Investigating Officer on every Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.