IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Bail Appl..No. 5243 of 2008() ----------------------------- (CRIME NO. 482 OF 2007 OF MUNAMBOM POLICE STATION) PETITIONER/ACCUSED NO.1: ------------------------- RATHEESH, AGED 38 YEARS, S/O.JOSHY, ALLAPPARAMBIL, MUNAMBOM KARA, KUZHIPPALLY VILLAGE, N.PARAVUR, ERNAKULAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/COMPLAINANT: ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K. S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5243 OF 2008 ------------------------------ Dated this the 25th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 324, 448, 427, 302 read with Section 34 I.P.C. and Section 3(5) of the Explosive Substance Act. According to the prosecution, on 25.12.2007 at about 10.30 p.m. petitioner and 3 others allegedly assaulted the defacto complainant by throwing explosive substances etc. while they were engaged in fishing at Munambam harbour. One Hassainar jumped into the water, on account of this explosion and his dead body was recovered on the next day. 3. Learned counsel for the petitioner submitted that the petitioner surrendered before the court on 07.06.2008 and he is in custody for the past about 80 days. It is also submitted that the co-accused were granted bail on conditions. 4. Learned Public Prosecutor submitted that the petitioner is involved in 11 other cases and hence stringent conditions may be imposed while granting bail. B.A.5243/2008 2 Hence bail is granted to the petitioner on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not influence or threaten any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac