Tajdeen vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 27.10.2022 for the offences punishable under Sections 24(1) of Cigarette\ and Other Tobacco Products Act, 2003 and Section 328 of IPC r/w 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.664 of 2022 on the file of the respondent police seeks bail.

The case of the prosecution is that the petitioner along with other accused persons was found in illegal possession of 2265 kgs of banned tobacco products worth about Rs.10,50,000/-. 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. However, on instructions, the learned counsel further submits that the petitioner, on is own volition, is ready and willing to contribute a sum of 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 45 days from 27.10.2022. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner along with other accused persons was found in illegal possession of 2265 kgs of banned tobacco products worth about Rs.10,50,000/-. He further submits that the petitioner is having three previous cases and the same are similar in nature and also submit 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-V, Coimbatore and on further conditions that:

(a) the petitioner shall make a non-refundable deposit of Rs.75,000/- (Rupees Seventy Five thousand only) to the credit of Aadharsh Thai Special School, Suramanagalam, Account Name: Aadharshthai Trust A/c No.1219101039722, Canara Bank, IFSC Code:CNRB0001219.

(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 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;