Senthilvel @ Suriya vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 25.11.2022 for the offences punishable under Sections 273 and 328 of <li>Indian Penal Code, 1860 &mdash; Section </li> and 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.552 of 2022 on the file of the respondent police seeks bail.

The case of the prosecution is that the petitioner along with other accused have illegally attempted to transport 277 kgs of banned tobacco products . 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 submits that the petitioner's marriage will be held on 11.12.2022. However, on instructions, the learned counsel further submits that the petitioner, on her own volition, is ready and willing to contribute some amount to any Charitable Purpose as may be directed by this Court. He further submits that the petitioner has been suffering incarceration for more than 11 days from 25.11.2022. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits thatthe petitioner along with other accused have illegally attempted to transport 277 kgs of banned tobacco products . He further submits that there is one previous case as against the petitioner He further submits that the investigation was almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and also the fact that the investigation was almost completed and the petitioner has willfully and on his own volition agreed to contribute some amount for charitable purpose, this court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, 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 learned Judicial Magistrate Court-I, Coimbatore and on further conditions that:

(a) the petitioner shall make a non-refundable deposit of Rs.30,000/- (Rupees Thirty thousand only) to the credit of Society for the Educational and Economic Development (SEED), Reg.,, Sriperumbudur, Account Name: SEED, A/c No.2926101000002, Canara Bank, Sriperumpudur, IFSC Code:CNRB0002926, Mobile No.9944812053.

(b)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;

(c) the petitioner shall report before the respondent police station on every Wednesday and Saturday at 10.30 a.m., for a period of three months;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f) 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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;