Thiruvenkadam And Others vs State

G.K.Ilanthiraiyan, J

The petitioners, who were arrested and remanded to judicial custody on 07.06.2022 for the offences punishable under Sections 273, 506(ii) of IPC and Sections 7, 20(1) of Cigarette and Other Tobacco Products Act and Sections 58, 59 of Food Safety and Standards Act in crime No.193 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the respondent police on their vehicle check up in Hosur to Krishnagiri Highways near Krishnagiri Tollgate, the petitioners were travelling in a car bearing registration No.TN 07 AJ 8384 did not stop the vehicle when they were intercepted by the respondent. Therefore, they were chased and stopped. At that time, they were found in illegal possession of 316 kg of banned tobacco products. Hence, the case was registered against the petitioners.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that the petitioners were found in illegal possession of 316 kg of banned tobacco products. He would further submit that the petitioners have no previous cases and the tobacco products and the vehicle involved in the offence were seized by the respondent police. However, he vehemently opposed to grant bail to the petitioners.

Taking into consideration the facts of the case and the period of incarceration by the petitioners, this Court is inclined to grant bail to the petitioners. Accordingly, each of the petitioners shall deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only), as non refundable deposit to the credit of the PUDUCHERRY ADVOCATE WELFARE FUND, A/c. No.7199772117; IFSC No.IDIB000B173 and on such deposit, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Krishnagiri 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] each of the petitioners shall deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only), as non refundable deposit to the credit of the PUDUCHERRY ADVOCATE WELFARE FUND, A/c. No.7199772117; IFSC No.IDIB000B173 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond;

[c] the petitioners shall stay at Coimbatore and report before the Inspector of Police, Peelamedu Police Station, Coimbatore daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation.

[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.