Krishnaveni vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 25.03.2024 in Crime No.236 of 2024 registered for the alleged offences punishable under Sections 273, 328 of IPC and Sections 6 & 24(1) of Cigarettes and other Tobacco Products Act, 2003, Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 7 & 9 (ii) of Tamil Nadu Prohibition of Smoking & Spitting Act, 2003, on the file of the respondent Police, seeks bail.

Learned counsel appearing for the petitioner submitted that the petitioner, aged about 50 years is an innocent person and she has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and also without prejudice to her rights, on her own volition, is ready and willing to contribute some amount to any charitable trust as may be directed by this Court and he prays to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that the petitioner was involved in selling banned tobacco products and she was found to be in illegal possession of 4.5 kilograms of banned tobacco products. He also submitted that two previous cases of similar nature are pending against the petitioner and the investigation in this case is almost completed.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

In order to curb the illegal activities of smuggling and selling of tobacco products, this Court is of the opinion that the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Sevalaya, No.F-2, Pushkarani Apartment, 12 Ananda Road, Alwarpet, Chennai -600 018, without prejudice to her rights and contentions before the trial Court. Merely, because the petitioner deposits the said amount, it would not amount to admission of her guilt. Therefore, it is open to the trial Court to deal with the case independently.

6 Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel that the petitioner and considering the fact that the investigation in this case is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) to the credit of the “Sevalaya, No.F-2, Pushkarani Apartment, 12 Ananda Road, Alwarpet, Chennai -600 018, Account Name : SEVALAYA, A/C.No.218601000134, Bank : ICICI Bank, Branch : Mylapore, Chennai -600004, IFSC Code : ICIC0002186, Cell No.9941450444”, and on such deposit and production of proof, the petitioner is ordered to be released on bail on her 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 XV Metropolitan Magistrate, George Town, Chennai, 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 alternate day at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation;

[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 abscond, a fresh FIR can be registered under Section 229A IPC.