Pon Karuppasami vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 13.03.2024 for the alleged offence under Sec.24(1) of Cigaratte and other Tobacco Products Act, 2003 and Sections 272, 273 & 328 of I.P.C. in Crime No.134 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on 13.03.2024, 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 said to have possession of 8gx30 packets of Mava, and its total quantity is 240 grams and 13 packets of hans 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 20 days from 13.03.2024 and no previous case pending against him. 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 were involved in selling prohibited tobacco products. He would submit that one previous case pending against him. 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 13.03.2024 for more than 20 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 Tamil Nadu Advocate Clerk Association, Chennai. Current Account No.484026006, IFSC No.IDIB000M157, Indian Bank, High Court Branch 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 learned X Metropolitan Magistrate, Egmore, 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 Sunday at 10.30 a.m. for the period of three months.

(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.