The court has the discretion to grant bail to an accused person subject to certain conditions.

Crl.O.P.No.32169 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023

CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI

Crl.O.P.No.32169 of 2022

1. Abudhahir,

S/o. Liakath Ali

2. Essake,

S/o. Rajapandi

... Petitioners

Vs.

The State rep. by

The Inspector of Police,

Ukkadam Police Station,

Coimbatore Dt.

(Crime No.225 of 2022)

... Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Criminal

Procedure Code to enlarge the petitioners on bail in Crime No.225 of 2022

pending on the file of respondent police.

For Petitioners

:

Mr.S.Ramesh

For Respondent

:

Mr.S.Vinoth Kumar,

Govt. Advocate (Crl.Side.)

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Crl.O.P.No.32169 of 2022

O R D E R

The petitioners, who were arrested and remanded to judicial custody

on 12.12.2022 for the alleged offence under Sections 328 I.P.C. and 7(1)

r/w 20(1) of Cigarettes and other Tobacco Products Act, 2003 in Crime

No.225 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 12.12.2022, on a secret

information about the commission of offence of abduction of tobacco

products near Coimbatore Railway Parcel Office by name Abudhahir and

his possession of tobacco product in a car, the respondent police went there

and when the same was proceeding in a auto, on search, they found Hans,

Cool Lip Tobacco, V1 Tobacco, Swagat gold and MDM Gold Gutka, totally

450 kgs., which was banned by Government of Tamil Nadu inside the auto

and seized the same. Hence, the complaint was registered against the

petitioners.

3. The learned counsel appearing for petitioners submitted that they

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Crl.O.P.No.32169 of 2022

are no way connected with the offence. He would submit that they have not

at all committed any of offence as alleged by the respondent police and they

have been falsely implicated in this case and they will abide by any

condition that may be imposed by this court. He would further submit that

the investigation is almost completed and that the petitioners have been

suffering incarceration for more than 21 days from 12.12.2022. Hence, he

prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for

respondent would submit that totally, there are three accused involved in this

case and the petitioners are arrayed as A1 and A3. He would submit that on

the date of occurrence, the petitioner proceeded 450 kgs. of tobacco products

illegally from his vehicle to an auto, which is worth about Rs.6,67,000/-. He

would submit that both the petitioners are secured in the scene of occurrence

and if they are released on bail, they would tamper the witnesses and

hamper the investigation and the investigation is almost completed. Hence,

he vehemently opposed to grant bail to the petitioners.

5. Considering the above facts and circumstances, and also the fact

that 1^st petitioner is an auto driver, the investigation almost completed and

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Crl.O.P.No.32169 of 2022

also considering the period of incarceration undergone by the petitioner, this

Court is inclined to grant bail to the petitioners subject to the following

conditions:

6. Accordingly, the petitioners are directed to deposit a sum of

Rs.40,000/- (Rupees Forty Thousand Only) each as non-refundable

deposit to the credit of Madras High Court Advocate Clerks Welfare

Association, Chennai. A/c No. 484077244, Bank : Indian Bank, Branch

: High Court, IFSC Code : IDIB000M157 and on such deposit, the

petitioners are ordered to be released on bail on condition to execute 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-V, Coimbatore, and on further conditions that:

(a) the su