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Madras High CourtCRL OP(MD)/15986/2015allowed

Rajeshwari v. The Sub Inspector Of Police

2015-08-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15986 of 2015 RAJESHWARI ... PETITIONER/ACCUSED NO.2 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE CIVIL SUPPLY CID (CSCID) MADURAI.

(CRIME NO. 278 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.K.RAJESHWARAN Advocate For Respondent : MRS.S.PRABHA, 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 accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(2)(3) and (4) of TNSC(RDCS) Act, 1982 r/w Section 7(i)(a)(ii) of Essential Commodities Act, 1955, in Crime No.278 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the prosecution, the accused have committed theft of one bag of rice and one bag of dhal worth Rs.1,700/-. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner was in-charge of Fair Price Shop at M.K.Puram, Madurai and she was not present at the time of occurrence.

4.The learned Government Advocate (Crl.Side) submitted that there is no bad antecedents against the petitioner and the first accused was arrested and remanded into judicial custody. 5.Considering the overt act attributed against the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 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 arrest or on her appearance before the Judicial Magistrate No.III, Madurai 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 as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7.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/- 18/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.III MADURAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE SUB INSPECTOR OF POLICE CIVIL SUPPLY CID (CSCID), MADURAI.

+1. CC to M/S.K.RAJESHWARAN Advocate SR.No.47365 Akm/21.08.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.15986 of 2015 Date :18/08/2015 https://hcservices.ecourts.gov.in/hcservices/