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Madras High CourtCRL OP/5579/2017ordered

M.Anitha,F/48 v. State Rep By

2017-03-22Honourable Mr Justice S. Baskaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of March Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S. BASKARAN CRIMINAL ORIGINAL PETITION No.5579 of 2017 M.ANITHA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, CSCID, SALEM CR.NO.18/2017 For Petitioner : M/S.K.S.VISHUNU PRASAD Advocate For Respondent : MR. R. SEKAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who arrayed as A7, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(4) of TNSC (RDCS) Order 1982, r/w 7(1)(9)(i) of EC Act, 1955 in Crime No.18 of 2017 on the file of the respondent police and seeks the relief of anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused is said to have been illegally transported 3 kg rice bags, each containing 30kg (totally 10 tonnes). 3.

The learned counsel for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case. Further, he would submit that the co-accused/A4 and A6 were arrested and released on bail by this Court in Crl.O.P.No.392 of 2017, dated 15.03.2017.

4. The learned Government Advocate (crl.side) would submit that the value of the property is worth about Rs.56,000/-. The entire case property has been seized by the respondent police. Further, he would submit that the petitioner has no previous case.

5. Considering the facts and circumstances of the case and taking note of the fact that the co-accused/A4 and A6 were released on bail and the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.II, Salem, within a period of 15 days from the date of receipt of a copy of this order, on her executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned magistrate concerned, or to the satisfaction of the respondent police or the Police Officer, who intends to arrest and on further condition that the petitioner shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) to the credit of Crime No.18 of 2017 within a period of two weeks and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. -sd/- 22/03/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO. II, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, CSCID, SALEM +1CC to M/S.K.S.VISHUNU PRASAD Advocate on payment of necessary charges SR.NO. 5431 CRL OP.5579/2017 Date :22/03/2017 EGR 24/03/2017