Edward Amala Julian vs State

A.A.Nakkiran, J

(1)The petitioner, sole accused, who was arrested on 17.04.2022 for the alleged offences punishable under Section 328 of IPC read with Section 24[1] of Cigarette and other Tobacco Products Acts, 2003, in Crime No.123 of 2022 on the file of the respondent police, seeks bail.

(2)The case of the prosecution is that when the respondent police conducted a search in the residence of the petitioner, who is the owner of a petty shop, seized 2,240 grams [112 packets] of Hans Chaap tobacco, resulting in the registration of the case.

(3)The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the case. He would further submit that the petitioner has got no bad antecedents and that the worth of the contraband was Rs.2000/-. Learned counsel also submitted that the petitioner is in jail for nearly 25 days from 17.04.2022.

(4)The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner was found in possession of 2,240 grams of banned tobacco, the value of which is yet to be assessed. It is his further submission that the entire contraband was seized and that the investigation is pending.

(5)Taking into consideration the facts and circumstances of the case and also taking note of the fact that investigation is pending and that the entire contraband was seized and also taking into consideration the period of incarceration and further that the petitioner has got no bad antecedents and no previous case, this Court is inclined to grant bail to the petitioner.

(6)Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tiruvannamalai and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.’

[b]the petitioner shall report before the respondent police once in two weeks at 10.30 am., until further orders.

[c]the petitioner shall not abscond either during investigation or trial.

[d]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.