Rajendran vs Inspector Of Police

V.Sivagnanam, J

The petitioner/ A3, who was arrested and remanded to judicial custody on 27.09.2023 for the alleged offence punishable under Sections 328 IPC r/w. Sections 6(b), 24(1) of Cigarettes and other Tobacco Products Act (COPTA) 2003, in Crime No.326 of 2023, on the file of the respondent police, seeks bail.

The case of the prosecution is that when the respondent police was in patrolling, the petitioner herein and other accused have illegally found in possession of 2.790 kgs of banned Tobacco products. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in jail from 24.09.2023 and hence, he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner herein and other accused have illegally found in possession of 2.790 kgs of banned Tobacco products and the petitioner herein in having two previous cases in similar nature. He would further submit that the investigation of the case is pending.

Considering the nature of allegations made against the petitioner and also considering the period of incarceration 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 petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Rajapalayam, Virudhunagar District and on further conditions that:

(i) the petitioner shall affix his photograph 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.

(ii) the petitioner shall appear before the trial Court once in a month i.e., on first working day of every English Calender month at 10.30 am until further orders.

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial.

(v) 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].

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