Banupriya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.351 of 2018 BANUPRIYA ... PETITIONER / 5th ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D. MADURAI, (CRIME NO.3 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : M/S S. BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/5th accused, who apprehends arrest at the hands of the respondent Police for the offence punishable under Clause 6(2)

(3) (4) of TNSC (RDCS) Order 1982 r/w.7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.3 of 2018 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that when the respondent police went on surveillance, in the van bearing Registration No.TN64-D-9662, 60 bags of raw rice (each contains 50 kgs) was found and when the respondent police enquired A.1, who came in the said vehicle, he stated that he purchased the rice bags from the fair price shop where the petitioner is employed. Hence, the present case is registered against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner is working as a saleswoman in the fair price shop. Based on the confession given by A.1, the petitioner was implicated in this case and she is no way connected in the alleged offence and pleads for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal side) submitted petitioner along with other accused tried to sold 60 bags of raw rice. He further submitted that the investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/ 5.The submissions made by the learned counsel appearing on either side are considered. This case has been registered against

the petitioners for the alleged offences under Clause 6(2) (3) (4) of TNSC (RDCS) Order 1982 r/w.7(1)(a)(ii) of Essential Commodities Act, 1955. Admittedly, the petitioner is the saleswoman in the fair price shop. It is alleged that during the time of occurrence the petitioner along with other accused trying to sold the 60 bags of raw rice. The offence committed by the petitioner is not in an ordinary one. Considering the gravidity of the offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 09/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D. MADURAI, 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI JAM/17/01/2018/CM-VR/ SAR 3 / 2P-3C

ORDER

IN CRL OP(MD) No.351 of 2018 Date :09/01/2018 https://hcservices.ecourts.gov.in/hcservices/