IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9418 of 2011() ----------------------------- CMP.1781/2011 of J.M.F.C.,KOLENCHERRY Crime Nos.217 of 2011 of Ramamangalam Police Station. .................... 1ST ACCUSED/PETITIONER: ------------------------------------------- RAHIM @ ATTA RAHIM @ KATHA MUTHU, S/O.HUSSAIN BAVA, AGED 40 YEARS, RESIDING AT THE RESIDENCE OF HASEENA, ASRAKKAL VEEDU, AYODHYAPURAM COLONY, SOUTH PUTHIUVYPE (FORMER ADDRESS HOUSE NO.3/280 LASSAR MARKET, CHERALAYIKADAVU BHAGOM, FORT COCHIN). BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, ALONG WITH BA NO. 9433 OF 2011 & CONNECTED CASE, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- B.A.No. 9418, 9433 & 9434 OF 2011 ---------------------------------------------------- Dated this the 29th day of November , 2011 ORDER The Bail Applications are filed under Section 439 of the Code of Criminal Procedure. The petitioner in these Bail Applications is the same person and therefore, the Bail Applications are considered and disposed of by this common order. 2. The petitioner is the first accused in Crime Nos.217 of 2011, 171 of 2011 and 263 of 2011 of Ramamangalam Police Station. 3. The petitioner was arrested on 10.10.2011 and he was remanded to judicial custody. 4. The allegation in Crime No.217 of 2011 is that on 13.7.2011, during night, the accused broke open the shop of B.A.No. 9418, 9433 & 9434 OF 2011 2 the defacto complainant and committed theft of 315 Kg. of rubber sheets worth `49,000/-. The offences alleged are under Sections 457 and 380 of the Indian Penal Code. 5. The offences alleged in Crime No.171 of 2011 are under Sections 457, 461, 380 and 341 of the Indian Penal Code. The allegation is that on 21.6.2011 at 3 A.M, the accused broke open the shop of the defacto complainant and committed theft of 700 Kg of rubber sheet, 200 Kg of pepper and currency of `2,000/-. The total value of the same was estimated at `1,92,290/-. 6. The offences alleged in Crime No.263 of 2011 are under Sections 457 and 380 of the Indian Penal Code. The allegation is that on 19.8.2011, during night, the accused broke open the shop of the father of the defacto complainant and committed theft of 135 Kg of rubber sheets and 13 Kg of pepper worth `27,600/-. 7. The learned counsel for the petitioner submitted on 22.11.2011 that the petitioner is suffering from Tuberculosis B.A.No. 9418, 9433 & 9434 OF 2011 3 and that he is also HIV positive. The learned Public Prosecutor was directed to get instructions with respect to this submission. The Sub Inspector of Police, Ramamangalam submitted a report along with the letter issued by the Medical Officer of Central Prison, Viyyur, Thrissur. The letter issued by the Medical Officer shows that the petitioner is suffering from Pulmonary Tuberculosis and that he is a HIV positive. It is stated that the petitioner is on Antituberculosis and Anti Retroviral Therapy. 8.Taking into account the illness of the petitioner, I am inclined to grant bail to the petitioner. 9.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kolenchery, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for a period of two months, and thereafter on all B.A.No. 9418, 9433 & 9434 OF 2011 4 Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms