SASIDHARAN K.B Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) 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 Sec. 6 r/w Sec. 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, 2003, Sec. 118(1) of the Kerala Police Act, 2011 and Sec. 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(3.) 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 29/6/2022 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.