Kalaiselvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3927 of 2015 KALAISELVI ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE CSCID, UTHAMAPALAYAM, CRIME NO.51/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.RANJIT Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.51 of 2015 on the file of the respondent police for offences under Sections 6(2)(3) of TNSC (ROCS) Order, 1982 r/w. 7(1) (a)(ii) of Essential Commodities Act, 1955, the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner.

3. It is seen that the petitioner is working as a sales woman in a ration shop at Somadharmapuram and that during the time of inspection, there was a short-fall of stock to the tune of Rs.11,300/-.

4. It is represented by the learned Government Advocate (Crl.side) that a sum of Rs.11,300/- has been paid by the petitioner and there is no previous case pending against the petitioner.

5. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioner shall give his thumb impression, specimen signature and handwriting.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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]. sd/- 09/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THANI DISTRICT 3 THE INSPECTOR OF POLICE CSCID, UTHAMAPALAYAM, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.RANJIT Advocate SR.No.11326

ORDER

IN CRL OP(MD) No.3927 of 2015 Date :09/03/2015 NA/10/03/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/