Nagaraj vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 08.02.2023 for the alleged offences punishable under Sections 24(1), 6(a) of Cigarette and Tobacco Products Act 2003 and Sections 284 and 328 of IPC in Crime No.41 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused was found in illegal possession some banned tobacco products worth about Rs.1,24,000/-. Hence, the complaint.

The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the contraband has been seized by the respondent Police. He would also submit that without prejudice, the petitioner is prepared to deposit an amount of Rs.25,000/- as non- refundable deposit to any welfare scheme of the Government and he is prepared to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with other accused was found in illegal possession some banned tobacco products worth about Rs.1,24,000/-. He further submitted that there is no previous case pending against the petitioner and the contraband has been seized. However, he vehemently opposed to grant bail to the petitioner.

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

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also of the fact that the contraband has been seized and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of Sri Arunodayam Charitable Trust, No.45, Sivananda Nagar, Kolathur, Chennai 600 099, A/c.No.50100196910687, HDFC Bank, Dayalur Nagar, Villivakkam Branch, IFSC Code : HDFC0004224 and on such deposit and production of proof, 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.II, Attur 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 Tuesday and Saturday at 10.30 a.m., for a period of two 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 abscond, a fresh FIR can be registered under Section 229A IPC.