Amutha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11275 and 11381 of 2016 AMUTHA ... PETITIONER / ACCUSED No.4 IN CRL OP(MD) No.11275 of 2016 RAJESWARI ... PETITIONER/ACCUSED NO.5 IN CRL OP(MD) No. 11381 of 2016 Vs The State rep.by THE INSPECTOR OF POLICE CSCID POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 83 OF 2016) ... RESPONDENT / COMPLAINANT in both the petitions For Petitioner : M/S P.LATHA Advocate in both the petitions For Respondent : MR.P.Kannithevan Govt. Advocate ( Crl. Side) in both the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(4) of TNCSC (RDCS) order of 1982 r/w 7 (1)a(ii) of EC Act, 1955, in Crime No.83 of 2016 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that, on 29.06.2016, the Special Tahsildar, on information, intercepted the Taurus Lorry bearing Registration No.TN 38 AB 7555.

On search, it was found that ration rice bags were stealthily kept beneath the salt bags. Both the rice and salt bags along with the Lorry was weighed at SPS computerized weigh bridge and the total weight was 24.320 tones. On complaint, a case has been registered for the above said offences. 3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners are working as saleswomen in the ration shop and the present case is foisted one and hence, the petitioners pray for grant of anticipatory bail in their favour. https://hcservices.ecourts.gov.

4.The learned Government Advocate (Crl.side) filed separate counter affidavits and submitted that totally there are 7 accused in this case. A2,A3 and A7 have already been arrested and now they are in judicial custody. He further submitted that, without the help of the petitioners, it would not have been possible for the other accused to smuggle the PDS rice.

5.Considering the serious allegation that the petitioners smuggled huge quantity of PDS rice meant for supply to poor people, to Kerala, this Court is not inclined to grant anticipatory bail to the petitioners. Hence, these petitions are dismissed. sd/- 26/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE CSCID POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S P.LATHA Advocate SR.No.39590 sm:ARK-PV:SAR I:08.08.2016:2P/4C

ORDER

IN CRL OP(MD) No.11275 & 11381 of 2016 Date :26/07/2016 https://hcservices.ecourts.gov.in/hcservices/