Anticipatory bail under Section 438 Cr.P.C. is granted only in exceptional circumstances, requiring careful consideration of the allegations and the necessity for investigation.

O R D E R

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

2. Petitioner is the 3rd accused in Crime No.717 of

2020 of Karukachal Police Station. The above case is registered against the petitioner and others alleging offences punishable under Section 61 (b) r/w Section 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 . The offence under Section 118 (i) of the Kerala Police Act, 2011 is also alleged.

3. The prosecution case is that the 2nd accused was found in illegal possession of 7,50,000/- packets of prohibited tobacco products by name hans, 3,600 packets of gold queen cigarettes, 500 packets of RRR beedi, 490 packets of Win cigarettes and 12,800 packets Jyothiman beedi which were supplied to him by the 1st accused. The allegation is that the 3rd accused is supplying these products in the school premises.

4. Heard the learned counsel for the petitioner and the Public Prosecutor.

5. The counsel for the petitioner submitted that the the offences alleged under the provisions of the the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, the only non- bailable offence alleged against the petitioner is under Section 77 of the Juvenile Justice (Care and Protection of Children) Act 2015. The counsel submitted that evenif the entire allegations are accepted, the offence under Section 77 of the above Act is not attracted. The counsel submitted that even though the bail application of the first accused is dismissed by this Court, the court may consider the above legal issue while considering the bail applicaiton. The counsel submitted that the petitioner is ready to abide any condition if this Court grant bail to him.

6. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner is actively involved in this case. The Public Prosecutor submitted that custodial interrogation of the petitioner is necessary for completing the investigation. The Public Prosecutor submitted that simply becuase there is no allegation against the petitioner to connect in this case at this stage, this Court may not pass orders under Section 438 Cr.P.C. According to the Public Prosecutor, there are evidence against the petitioner. It is a matter to be investigated by the investigating officer.

7. The contention of the petitioner is that the offence under Section 77 of the Juvenile Justice (Care and Protection of Children) Act 2015 is not attracted in this case. For considering the same, Section 77 of the Juvenile Justice (Care and Protection) Act 2015 is extracted hereunder.

"Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child -- Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees."

8. To attract the above Section there must be evidence to show that the accused gives, or caused to be given to a child any intoxicating liquor or any narcotic drug or any tobacco products or any psycotropic substance. Then only, the accused can be punished under this Section. But, I cannot say whether the offence under Section 77 of the Juvenile Justice Act is attracted or not while considering a bail application. The prosecution case is that the third accused, who is the petitioner herein supplied these products in the school premises. When there is such an allegation by the prosecution, I am not in a position to say at