Jijo vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.753/2022 of Chengannur Police Station, Alappuzha alleging offences punishable under Section 6(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 (for short, the COTPA Act') and Section 77 of the Juvenile Justice (Care & Protection of Children) Act, 2015.

According to the prosecution, the accused was found in possession of large quantities of tobacco products kept inside three vehicles parked in the courtyard of the house and kept for sale to the school children and thereby committed the offences alleged.

Sri.K.Nirmalan, the learned counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged is not even made out. It was further submitted that the petitioner was arrested on 25.08.2022 and has been in custody since then.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious in nature especially since the petitioner was attempting to sell the tobacco products to the school children.

Having regard to the nature of the allegations and the period of detention already undergone, I am of the view that petitioner can be released on bail.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not enter into the jurisdictional limits of Chengannur Police Station until conclusion of trial.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.