R.Praveenkumar And Others vs State

T.V. Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 31.12.2022 for the alleged offence under Sections 7(1), 20(2) of Cigarettes and other Tobacco Products Act, 2003 r/w Sec.328 of I.P.C. in Crime No.572 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that on 31.12.2022, on a secret information, when the respondent police conducted inspection near Kovai Avinasi Road, LIC Junction Rod, they caught the petitioners redhandedly and on search, they found the petitioners were in illegal possession of 140 kgs. of banned tobacco products (hans, Chaap tobacco, Ganesh 701 tobacco, Swagath Gold), which were banned by Government of Tamil Nadu and seized the same. Hence, the complaint was registered against the petitioners.

The learned counsel appearing for petitioners submitted that they are no way connected with the offence. He would submit that they have not at all committed any of offence as alleged by the respondent police and they have been falsely implicated in this case and they will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 11 days from 31.12.2022. Hence, he prayed to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are three accused involved in this case and the petitioners are arrayed as A1 and A2 and A3 was already granted anticipatory bail. He would submit that on the date of occurrence, the petitioners were in possession of 140 kgs. tobacco products illegally, which is worth about Rs.60,000/-. He would submit that both the petitioners are secured in the scene of occurrence and no previous case pending against them. He would submit that if they are released on bail, they would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioners.

Considering the above facts and circumstances, and also the fact that no previous case pending against the petitioners, the investigation almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioners subject to the following conditions:

Accordingly, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Forty Thousand Only) each as non-refundable deposit to the credit of Society for the Educational and Economic Development (SEED) Reg., Sriperumbudur, Account Name : SEED, A/C/No.2926101000002, Canara Bank, Sriperumbudur, IFSC CNRB0002926 (Cell No.99448 12053) and on such deposit, the petitioners are ordered to be released on bail on condition to execute 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.3, Coimbatore Dt., and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police daily at 10.30 a.m. for the period of two months and thereafter, on every Wednesday at 10.30 a.m. for another period of two months;

(c) the petitioners shall not commit any offences of similar nature;

(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 Judicial 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.