Balamurugan vs State

V. Sivagnanam, J

The petitioner/sole accused, who was arrested and remanded to judicial custody on 06.10.2023 for the alleged offences punishable under Sections 328 IPC r/w.Section 6(b), 24(1) of Cigarette and Other Tobacco Products Act,2003 ad Section 77 of Juvenile Justice(Protection and Care Act) in Crime No.188 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession banned tobacco products(37 packets of ganesh 701 Tobacco, each 15 grams) Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 06.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner was found in illegal possession banned tobacco products(37 packets of ganesh 701 Tobacco, each 15 grams) , hence he objected to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioners.

5.Considering the facts and circumstances and also considering the period of incarceration and also taking note of the fact that no previous case is pending against the petitioner and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[i] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar and on further conditions that:

(ii) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(iii) the petitioner shall appear before the respondent police daily at 10.30 am., until further orders.

(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial.

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.