Manikandan And Others vs State

G.K.Ilanthiraiyan, J

The petitioners, who were arrested and remanded to judicial custody on 02.07.2022 for the offences punishable under Sections 328 IPC read with Section 7 and 20(1) Cigarette and other Tobacco Products Act in Crime No.271 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioners were found in possession of banned tobacco products weighing about 157 kgs. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that false case has been foisted against the petitioners. Hence, he prays for grant of bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that apart from this case, there is no previous case pending against the petitioners. However, he opposed to grant bail to the petitioners.

Taking into consideration the facts of the case and also the period of incarceration by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are directed to make non refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the credit of Chief Justice Relief Fund, High Court of Madras and on such deposit, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate-II, Hosur 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 petitioners shall make non refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the credit of Chief Justice Relief Fund, High Court of Madras, and that the receipt of such deposit shall be produced before the concerned Magistrate at the time of executing the bond;

[c] the petitioners shall report before the respondent police twice daily at 10.30 a.m. and 04.30.p.m., for a period of six weeks and thereafter as and when required for interrogation.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

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