K.Manikandan @ Ayyappan vs Inspector Of Police

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 03.03.2024 for the alleged offence under Sections 328, 284 of I.P.C. and and Sec.24(1) of Cigaratte and other Tobacco Products Act, 2003 in Crime No.116 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on 03.03.2024 around 11.00 a.m., while the respondent police and other police personnel were on routine vehicle check up, they have intercepted the petitioner, but on seeing them, he tried to escape from the place and they caught hold of him. On search, they said to have found that the petitioner was found in possession of 60 packets of hans and 30 packets of vimal pan masala illegally without any valid license for the purpose of selling the same and the same was seized by them. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that he has an innocent person, he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 43 days from 03.03.2024. On instruction, he would further submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that while the respondent police were on their patrol duty, they intercepted the petitioner and on search, they found that the petitioner was involved in selling prohibited tobacco products. He would submit that he is arrayed as sole accused. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances and the fact that the investigation is almost completed, and on considering the period of incarceration undergone by the petitioner from 03.03.2024 for more than 43 days, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit to the credit of registered Advocates Clerks Association, Tiruppur and on such deposit, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Judicial Magistrate, Avinasi, Tiruppur, Tiruppur District, and on further conditions 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 on every Saturday at 10.30 a.m. for the period of eight weeks.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.