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 sole accused in Crime No.681/2022 of Erumeli Police Station, Kottayam District, which is now pending as C.C.No.410/2022 before the Judicial Magistrate Court-II, Kanjirappally. The offences alleged against the petitioner are under Section 6 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, Section 118(1) of the Kerala Police Act, 2011 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

According to the prosecution, the accused was found in possession of 519 packets of HANS and other prohibited tobacco products intended for sale to minors near the Dewaswom Board School, Erumeli and thereby committed the offences alleged. Petitioner was initially arrested on 29.06.2022 and was released on bail. However, subsequently, since he was involved in another crime of a similar nature, the bail granted to the petitioner was cancelled and he was arrested.

Sri.C.C.Anoop, learned Counsel for the petitioner contended that the entire prosecution allegations are false and that the petitioner has not committed any offence as contemplated under law. It was further submitted that since petitioner was arrested after cancellation of bail 26.09.2022, further detention is not required.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand, opposed the grant of bail and contended that petitioner is repeatedly indulging in offences of the same nature, and that he may indulge in similar offences again, if released on bail.

Having regard to the period of detention already undergone by the petitioner, though the allegations are serious in nature, I am of the view that, the continued detention of the petitioner is not essential.

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 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.