Gnanaraj vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 27.03.2024 for the offence punishable under Sections 24(1) of the Cigarettee and Other Tobacco Products Act, 2003 COTPA and Section 328 of I.P.C in Crime No.124 of 2024 on the file of the respondent police.

The case of the prosecution is that the petitioner was found in possession of 3,603 kgs of banned tobacco products. Hence the case.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute some amount to any Charitable Purpose as directed by this Court. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner was found in possession of 3,603 kgs of banned tobacco products. He further submits that there is no previous case pending against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

Taking into consideration the facts and submissions made by both counsel and also considering the period of incarceration undergone by the petitioner and also taking note of the fact that the contraband involved is an intermediate quantity and the petitioner has willfully and on his own volition agreed to contribute some amount for charitable purpose, this court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten thousand only) to the credit of Registered Advocate Clerk Association, Coimbatore, and on such deposit, the petitioner is ordered to be released on bail on his executing 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.1 at Coimbatore and on further conditions that :-

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

[b] the petitioner shall report before the respondent police on every Sunday at 10.30 a.m. for a period of three months;

[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.