Porthasi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13229 of 2015 PORTHASI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D., KUZHITHURAI, NAGERCOIL, (CRIME NO. 105 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Clause 6(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.105 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the prosecution, on secret information, they recovered 40 bags of rice (each containing 50 kgs.) kept in a dilapidated house and the accused is the owner of the house.

3. The learned counsel for the petitioner submitted that the petitioner is not a landlady of the house from where the respondent has recovered the rice and she is innocent and she has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that the respondent has recovered 2000 kgs. of rice meant for PDS distribution from the house of the accused.

5. Considering the fact that the petitioner has no bad antecedent, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance before the learned Judicial Magistrate No.I, Nagercoil and on executing a 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 and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, NAGERCOIL. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D., KUZHITHURAI, NAGERCOIL. +1. CC to M/S.T.LENIN KUMAR Advocate SR.No.40301. TS/24.07.2015/2P - 6C

ORDER

IN CRL OP(MD) No.13229 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/