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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
Y. Pilavendiran @ Raja – Appellant
Versus
The Inspector of Police, Sivakasi East Police Station, Virudhunagar – Respondent
Crl Op. (MD). Nos. 16307 & 16308 of 2023
Decided On : 08-09-2023
Bail - Offence under Sections 328 of IPC r/w Section 6(b), 24(1) Cigarette and other Tobacco Products Act, 2003 - Grant of bail to the petitioner accused
Fact of the Case:
The petitioner was arrested for alleged offences related to the possession and selling of banned tobacco products. The prosecution claimed to have found banned tobacco products in the petitioner's custody on two separate occasions.
Finding of the Court:
The court, after considering the petitioner's innocence plea and the objections raised by the prosecution, granted bail to the petitioner based on the facts and circumstances of the case and the period of incarceration.
Issues: The main issue was the petitioner's involvement in the alleged offences and the grant of bail considering the objections raised by the prosecution.
Ratio Decidendi: The court considered the petitioner's innocence plea, the objections raised by the prosecution, and the period of incarceration before granting bail.
Final Decision: The Criminal Original Petition was allowed, and the petitioner was ordered to be released on bail upon executing a bond and complying with reporting conditions.
JUDGMENT
(Prayer: For Bail in Crime Nos.330 and 333 of 2023 on the file of the Respondent Police.)
1. The petitioner / Accused herein, who was arrested on 18.08.2023, for the alleged offence under Sections 328 of IPC r/w Section 6(b), 24(1) Cigarette and other Tobacco Products Act, 2003, in Crime Nos.330 and 333 of 2023, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 13.08.2023, on receiving an information about selling of banned Tobacco products, the respondent police went to the place, found a bag in the custody of the petitioner and other accused persons, containing 5 Kgs of banned Tobacco products. They recovered the same and registered a case in Crime No.330 of 2023. On 18.08.2023, at about 11.00 a.m, when the police party were on picketing duty at Sivakasi-Virudhunagar Main road, the petitioner came in a two wheeler TVS Jupiter with one white color sack bag. On seeing the police, he attempted to escape from that place. The police recovered the bag and found 15 kgs of banned tobacco products worth about Rs.12,000/- and registered a case in Crime No.333 of 2023.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. Hence, she seeks for the relief of bail.
4. The learned Additional Public Prosecutor would submit that the petitioner has involved in five previous cases and made objections for grant of any relief to the petitioner.
5. Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant relief to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Judicial Magistrate No.II, Sivakasi, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
The court's discretion in granting bail based on the facts and circumstances of the case, the petitioner's innocence plea, and the objections raised by the prosecution.
The court grants bail by balancing the duration of judicial custody and the recovery of evidence against the accused's criminal antecedents, provided strict conditions appear sufficient to ensure tri....
The court maintains discretion to grant pre-arrest bail under Section 482 BNSS, 2023, even in cases with prior criminal history, provided that stringent conditions, including financial deposits and r....
Bail granted based on insufficient evidence and lack of criminal history.
In considering a bail application, the court may take into account the petitioner's innocence and the period of incarceration.
Bail – In a case where ocular evidence will be through official witnesses due to which there can be no apprehension of tampering, intimidating or influencing, bail can be granted to accused.
Bail was granted under specific conditions due to insufficient evidence linking the accused to selling prohibited substances to minors.
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