Advocates:
['M/S S PREMAKUMARI', '', 'S JAYALAKSHMI', 'PUBLIC PROSECUTOR']

Crl.O.P.No.791 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2023

CORAM :

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

Crl.O.P.No.791 of 2023

1. R.Praveenkumar,

S/o. Rameshkumar

2. Nileshkumar @ Neelaban Kanbath,

S/o. Dungara Ram

... Petitioners

Vs.

The State rep. by

The Inspector of Police,

Race Course Police Station,

Coimbatore Dt.

(Crime No.572 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.572 of 2022

pending on the file of respondent police.

For Petitioners

:

Ms.S.Premakumari

For Respondent

:

Mr.S.Vinoth Kumar,

Govt. Advocate (Crl.Side.)

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Crl.O.P.No.791 of 2023

O R D E R

The petitioners, who were arrested and remanded to judicial custody

on 31.12.2022 for the alleged offence under Sections 7(1), 20(2) of

Cigarettes and other Tobacco Products Act, 2003 r/w Sec.328 of I.P.C. in

Crime No.572 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 31.12.2022, on a secret

information, when the respondent police conducted inspection near Kovai

Avinasi Road, LIC Junction Rod, they caught the petitioners redhandedly

and on search, they found the petitioners were in illegal possession of 140

kgs. of banned tobacco products (hans, Chaap tobacco, Ganesh 701

tobacco, Swagath Gold), which were banned by Government of Tamil Nadu

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

petitioners.

3. The learned counsel appearing for petitioners submitted that they

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

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Crl.O.P.No.791 of 2023

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 11 days from 31.12.2022. 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 A2 and A3 was already

granted anticipatory bail. He would submit that on the date of occurrence,

the petitioners were in possession of 140 kgs. tobacco products illegally,

which is worth about Rs.60,000/-. He would submit that both the petitioners

are secured in the scene of occurrence and no previous case pending against

them. He would submit that 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.

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Crl.O.P.No.791 of 2023

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

that no previous case pending against the petitioners, the investigation

almost completed and 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.15,000/- (Rupees Forty Thousand Only) each as non-refundable

deposit to the credit of Society for the Educational and Economic

Development (SEED) Reg., Sriperumbudur, Account Name : SEED,

A/C/No.2926101000002, Canara Bank, Sriperumbudur, IFSC

CNRB0002926 (Cell No.99448 12053) 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 sureti