Tamilselvan @ Tamilselvam vs State

@JUDGEMENTTAG- JUDGEMENT

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 04.03.2024 for the alleged offences punishable under Sections Section 328 of IPC and under Section 24(i) of COTPA Act, 2003, in crime No. 141 of 2024 on the file of the respondent, seeks bail.

The case of the prosecution is that the respondent police found the petitioner in illegal possession of 83 Kgs of banned Tobacco Products. Hence, the case.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. On the other side, the learned Government Advocate (Crl. side) submits that 6.854 kgs of banned tobacco products seized from the petitioner.

Considering the period of incarceration undergone by the petitioner and the investigation has at final stage. Hence, this Court is inclined to grant bail to the petitioner.

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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned X Metropolitan Magistrate, Egmore, 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 daily at 10.30 a.m., for a period of two months. Further, the petitioner is directed to deposit a sum of Rs.20,000/- (Twenty Thousand Only) to the credit of Tamil Nadu Advocate Clerk Association, Chennai, within a period of two weeks from the date of receipt of a copy of this order and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.