Vasanth @ Vasanthan v. Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioner/2nd accused seeks anticipatory bail in Crime No.533 of 2023 registered by the respondent police for the offence punishable under Sections 273 & 328 of IPC and Section 24(1) of Cigarette and other Tobacco Products Act, 2003.

2. It was found that the 1st accused was illegally selling 1875 packets of Hans, 1251 packets of Cool Lips, 1050 packets of V1 Panmasala and 1000 packets of Vimal Panmasala in his house. It had been stated that the petitioner herein has given the same for doing retail sales.

3. The learned counsel for the petitioner states that the petitioner is an innocent of the offence. However, it is stated on the side of the respondent that the petitioner was found in possession of Rs.35,000/- worth of banned tobacco products.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner shall pay a sum of Rs.35,000/- (Rupees Thirty Five Thousand only) by way of demand draft drawn in favour of the Dean, Government Medical College and Hospital, Cuddalore, within a period of two weeks from the date of receipt of a copy of this order, and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Panruti, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and 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 everyday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 absconds, a fresh FIR can be registered under Section 229A IPC.

06.10.2023 ata

C.V.KARTHIKEYAN,J.

ata 06.10.2023