Leema v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14115 of 2015 LEEMA ... PETITIONER / SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE CIVIL SUPPLIES CRIMINAL INVESTIGATION DEPARTMENT, KUZHITHURAI DIVISION, KANYAKUMARAI DISTRICT, CRIME NO.107 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.VAMANAN Advocate For Respondent : MR.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, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section in Class 2(e)(vi) The Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order read with Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.107 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the prosecution, the accused was found in possession of three cans containing each 50 litres of Diesel without licence.

3. The learned counsel for the petitioner submitted that the petitioner is a lady and she is a fish vendor and she has been falsely implicated in this case.

4. It is further submitted by the learned counsel for the petitioner that the respondent has recovered contraband from the street and it was not in the possession of the accused.

5. The learned Government Advocate (Criminal Side) submitted that the petitioner has no bad antecedents and the respondent has recovered 150 litres of diesel from the accused.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

7. 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.III, Nagercoil and on executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

8. 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/- 24/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NOIII, NAGERCOIL 2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DIST 3 THE INSPECTOR OF POLICE CIVIL SUPPLIES CRIMINAL INVESTIGATION DEPARTMENT, KUZHITHURAI DIVISION, KANYAKUMARAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.VAMANAN Advocate SR.No.41692 Sm:AMF:SARI:28.07.2015:2P/6C

ORDER

IN CRL OP(MD) No.14115 of 2015 Date :24/07/2015 https://hcservices.ecourts.gov.in/hcservices/