Vignesh vs State

@JUDGEMENTTAG- JUDGEMENT

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 05.03.2024 in Crime No.141 of 2024 registered for the alleged offences punishable under Section 328 of IPC and Section 24(1) of Cigarettes and other Tobacco Products Act, 2003, on the file of the respondent Police, seeks bail.

The case of the prosecution is that the accused were found to be in illegal possession 187.400 kilograms of banned tobacco products. Hence the case.

Learned counsel appearing for the petitioner submitted that the petitioner (A4) is an innocent person and he has been falsely implicated in this case. He further submitted that the name of the petitioner does not found place in the FIR, whereas, only based on the confession statement recorded from the other accused, he was later included. He also submitted that the petitioner is in custody from 05.03.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. He also submitted that similarly placed co-accused have been released on bail. He further submitted that the petitioner, without prejudice his rights, on his own volition, is ready and willing to contribute some amount to any Government organisation as may be directed by this Court and he prays to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner (A4) along with other accused was found to be in illegal possession of 187.400 kilograms, but no recovery from him. He also submitted that one previous case of similar nature is pending against the petitioner, hence, he opposed for grant of bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

In order to curb the illegal activities of smuggling and selling of banned tobacco products, this Court is of the opinion that the petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of Madras High Court Advocate Clerks Welfare Association, Chennai, without prejudice to his rights and contentions before the trial Court. Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel for the petitioner and considering the fact that the similarly placed co-accused have been released on bail, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand Only) to the credit of the“Madras High Court Advocate Clerks Welfare Association, Chennai, A/c No. 484077244, IFSC No.IDIB000M157, Indian Bank, High Court Branch”, and on such deposit and production of proof, the petitioner is ordered to be released on bail on her 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 the learned X Metropolitan Magistrate, Egmore, Chennai, 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 on every alternate days at 10.30a.m., for a period of three months and thereafter, as and when required for interrogation;

[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.