Lakshmi@Tada Lakshmi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6452 of 2022 Lakshmi @ Tada Lakshmi ... Petitioner Vs.
State rep. by
...Respondent
The Inspector of Police, CSCID Police Station, Chennai.
(Crime No.33 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner/accused on bail pending investigation in Crime No.33 of 2022 on the file of the Inspector of Police, CSCID Police Station, Chennai.
For Petitioner : Mr.S.Anand Kumar For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 29.01.2022 for the offences punishable under Section 6(4) of TN Scheduled Commodities (RDCS), Order 1982 and 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.33 of 2022, on the file of the respondent police, seeks bail.
2.
The petitioner herein was arrested for possessing 750 Kg of PDS rice packed in 30 gunny bags. When she was intended to transport the same from New Washermenpet to Thada, Andrapradesh, the Food cell Police has intercepted the Auto and arrested the petitioner. 3.
The learned Additional Public Prosecutor says that the petitioner is an habitual offender in illegal transport of PDS rice and 11 cases similar in nature are pending against her.
4.
Considering the fact that the petitioner is in prison for the past 53 days, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned VI Metropolitan Magistrate, Egmore, Chennai (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m., until further orders.
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;
(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 21/03/2022 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 METROPOLITAN MAGISTRATE, NO.VI, EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, CSCID POLICE STATION, CHENNAI.
5 THE SUPERINTENDENT, CENTRAL PRISON (WOMEN), PUZHAL, CHENNAI.
TAMILNADU.
+1 CC to M/S.S.ANAND KUMAR Advocate on payment of necessary charges SR.NO.4220 CRL OP.6452/2022 Date :21/03/2022 TA-22/03/2022