Sasidharan K.B. 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.1001/2022 of Erumeli Police Station, Kottayam, alleging offences punishable under Section 6 r/w Section 24 of the Cigarettes and Other Tobacco Products Act, 2003 apart from Section 118(1) of the Kerala Police Act, 2011 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2012.

According to the prosecution, the accused was found to have stored 15 packets of banned tobacco product, called HANS on 03.09.2022, inside his shop situated near a school, intending to be sold to the children and thereby committed the offences alleged against him.

Sri.C.C.Anoop, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was also submitted that the petitioner was arrested on 03.09.2022 and has been in custody since then. The learned counsel also submitted that the petitioner is willing to abide by any condition that may be imposed.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail. It was also submitted that the petitioner had committed the offence in violation of conditions imposed in the bail order in Crime No.681/2022 of Erumeli Police Station and therefore, he ought not to be released on bail. It was also submitted that the petitioner is involved in 11 other crimes, all relating to similar offences.

I have considered the rival contentions. If the petitioner has violated any condition of bail granted in an earlier crime, the remedy is elsewhere and the Investigating Officer will have to move the appropriate court for cancellation of bail. Considering the circumstances of the present case, I am of the view that since the petitioner was arrested on 03.09.2022, the continued detention is not essential. However, considering the allegation of his involvement in 11 other crimes earlier,strict conditions have to be imposed.

In the result, this application is allowed 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 Erumeli 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.