Vijayan vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 14.11.2022 for the offences punishable under Sections 272, 273 and 328 of IPC r/w Sections 6 and 24 of Cigarette and other Tobacco Products Act, 2003 in Crime No.228 of 2022 on the file of the respondent police seeks bail.

The case of the prosecution is that the petitioner was found in possession of banned tobacco products totally weighing 14.500 kgs which is worth about Rs.14,500/- in a two wheeler bearing Regn.No.TN-18-AW-2545 with an intention for selling the same to the public at higher rates. Hence, the complaint.

The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instructions, the learned counsel would further submit that the petitioner, on his own volition, is ready and willing to contribute some amount to any Charitable Purpose as may be directed by this Court. He would further submit that the petitioner has been suffering incarceration for more than 23 days from 14.11.2022. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) would submit that the petitioner was found in possession of banned tobacco products totally weighing 14.500 kgs which is worth about Rs.14,500/- in a two wheeler bearing Regn.No.TN-18-AW-2545 with an intention for selling the same to the public at higher rates . He would further submit that there is three previous case as against the petitioner and the same are similar in nature. He further submits that the investigation was almost completed. Hence, he would vehemently oppose 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 taking note of the fact that the investigation was almost completed and the petitioner 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 District Munsif-Cum-Judicial Magistrate, Gummudipoondi and on further conditions that:

(a) the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten thousand only) to the credit of Sevalaya, No.F-2, Pushkarani Apartment, 12 Ananda Road, Alwarpet, Chennai-600 018, Account Name: SEVALAYA, A/c No.218601000134, ICICI Bank, Mylapore Branch, Chennai-600 004 IFSC Code:ICIC0002186, Cell. No.9941450444.

(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;