Pitharam And Others vs State

V. Sivagnanam, J

The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 24.11.2023 for the alleged offence punishable under Sections 328 of IPC r/w.Section 24(1) of Cigaratee and other tobacco Products Act, 2003 in Crime No.654 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners along with other accused were found in illegal possession of 385 kgs of banned tobacco products worth about Rs.1,00,000/- Hence the case.

3.The learned counsel appearing for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in custody from 24.11.2023, hence he seek bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioners along with other accused were found in illegal possession of 385 kgs of banned tobacco products worth about Rs.1,00,000/-, he strongly objected to grant bail to the petitioners. However he fairly concedes that no previous case is pending against the petitioners.

5.Considering the nature of allegations made against the petitioners and also considering the period of incarceration and taking note of the fact that no previous case is pending against the petitioners and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioners, this Court is inclined to grant bail to the petitioners.

Accordingly, the petitioners are ordered to be released on bail on condition to execute a own bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Judicial Magistrate No.I, Kumbakonam and on further conditions that:

(ii) the petitioners shall appear before the trial Court on receipt of summons

(iii)the petitioners shall not tamper with evidence or witness;

(iv)the petitioners shall not abscond during trial.

(vi) 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].

vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.